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SANTIAGO v. RUMSFELD

No. 05-35005.

407 F.3d 1018 (2005)

Emiliano SANTIAGO, Petitioner-Appellant, v. Donald H. RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of the Army (Acting); Raymond Byrne, Acting Adjutant General of the Oregon National Guard; David Doran, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2005.

Attorney(s) appearing for the Case

Steven Goldberg, Goldberg, Mechanic, Stuart & Gibson, LLP, Portland, OR, for the petitioner/appellant.

H. Thomas Byron, III, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the respondents/appellees.

Before: CANBY, TALLMAN, and RAWLINSON, Circuit Judges.

CANBY, Circuit Judge:

Emiliano Santiago, a sergeant in the Army National Guard facing immediate deployment to Afghanistan, appeals from the district court's denial of his petition for a writ of habeas corpus. Santiago's eight-year enlistment in the Guard was due to expire on June 27, 2004, but shortly before that date his enlistment was extended by a "stop-loss" order when his unit was alerted prior to being ordered to active service. Santiago challenges this application...

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