ZALAWADIA v. ASHCROFT

No. 03-30115.

371 F.3d 292 (2004)

Jaysukh ZALAWADIA, Petitioner-Appellant, v. John ASHCROFT, U.S. Attorney General; James Ziglar; Lynne Underdown; Bureau of Immigration and Customs Enforcement; United States Department of Justice, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 4, 2004.


Attorney(s) appearing for the Case

Matthew L. Guadagno (argued), Bretz & Coven, New York City, for Petitioner-Appellant.

Robbin K. Blaya, Terri Jane Scadron (argued), U.S. Dept. of Justice, Civil Div. Immigration Litigation, Washington, Dc, for Respondents-Appellees.

Before JOLLY and WIENER, Circuit Judges, and WALTER, District Judge.


E. GRADY JOLLY, Circuit Judge:

Jaysukh Zalawadia was deported to India while his habeas appeal challenging the legality of the deportation order was pending. This appeal requires us to determine the effect deportation of a habeas petitioner has on (1) our ability to exercise continued jurisdiction over that petition and (2) the nature and scope of habeas relief available to an alien deported under a defective deportation...

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