ARMENTERO v. I.N.S.

No. 02-55368.

412 F.3d 1088 (2005)

Luis L. ARMENTERO, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2005.


Attorney(s) appearing for the Case

Marc Van Der Hout and Megan Ferstenfeld-Torres, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, California; Trina A. Realmuto, American Immigration Law Foundation, Washington, D.C.; and Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, for the petitioner-appellant.

David J. Kline and Michelle E. Gorden, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent-appellee.

Before: MESKILL, FERGUSON, and BERZON, Circuit Judges.


ORDER

As the Petitioner-Appellant is now a fugitive from custody, the "fugitive disentitlement" doctrine precludes him from pursuing this appeal. See Degen v. United States, 517 U.S. 820, 116 S.Ct. 1777, 135 L.Ed.2d 102 (1996); Antonio-Martinez v. INS, 317 F.3d 1089 (9th Cir.2003). Accordingly, the appeal is DISMISSED.

IT IS SO ORDERED.

FERGUSON, Circuit Judge, concurring...

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