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ROSALES v. BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

No. 04-10630.

426 F.3d 733 (2005)

Adrian ROSALES, Petitioner-Appellant, v. BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Adrian Rosales, Beaumont, TX, pro se.

Mattie Nell Peterson Compton, Fort Worth, TX, for Respondent-Appellee.

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Adrian Rosales petitioned for writ of habeas corpus under 28 U.S.C. § 2241 to challenge his final order of deportation on due process grounds. The district court concluded that it lacked jurisdiction because Rosales was not "in custody" under § 2241 and dismissed his suit. We affirmed in an unpublished opinion. Rosales v. Bureau of Immigration and Customs Enforcement, 115 Fed.Appx. 306 (5th Cir. 2004) (per curiam). The Supreme Court vacated...

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