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SCHMITT v. MAURER

No. 04-1436.

451 F.3d 1092 (2006)

Michael SCHMITT, Petitioner-Appellant, v. Douglas MAURER, Interim Field Director, Immigration and Customs Enforcement, and Department of Homeland Security, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

Laura L. Lichter of Lichter & Associates, P.C., Denver, CO, for Petitioner.

Kevin T. Traskos, Assistant United States Attorney (William J. Leone, Acting United States Attorney with him on the briefs), Denver, CO, for Respondents.

Before LUCERO, BALDOCK, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Michael Schmitt filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the District of Colorado, challenging a final order to remove him on the ground that he had overstayed a visa issued under the Visa Waiver Program, 8 U.S.C. § 1187. After Mr. Schmitt was deported, the district court denied his habeas petition as moot. He appealed. Under the recently enacted REAL ID Act, we vacate...

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