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JOHNSON v. WHITEHEAD

Nos. 09-1981, 10-1488.

647 F.3d 120 (2011)

David JOHNSON, Petitioner-Appellant, v. J.D. WHITEHEAD, Warden; Calvin McCormick, Field Office Director; James T. Hayes, Jr., Director; Julie Myers, Assistant Secretary of Homeland Security; Michael Chertoff, Secretary of Homeland Security; Michael B. Mukasey, U.S. Attorney General, Respondents-Appellees. David Livingston Johnson, a/k/a Conrad Llewellyn, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Angad Singh , Washington College of Law, Appellate Advocacy Clinic, Washington, D.C., for Petitioner/Appellant. Eric Warren Marsteller , United States Department of Justice, Washington, D.C., for Respondents/Appellees. ON BRIEF: Ali A. Beydoun , Unrow Human Rights Impact Litigation Clinic, Washington, D.C., for Petitioner/Appellant. Tony West , Assistant Attorney General, Civil Division, Ada E. Bosque , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents/Appellees.

Before TRAXLER, Chief Judge, and WILKINSON and GREGORY, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

In 2008, the Department of Homeland Security ("DHS") initiated removal proceedings against David Johnson, alleging that he was an alien who had committed a variety of gun and drug offenses. Both the immigration judge and the Board of Immigration Appeals ("BIA") agreed with DHS that Johnson was removable. Johnson then filed a petition for a writ of habeas corpus and a petition for review. He claims that he is a citizen under...

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