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GONZALEZ-ALARCON v. MACIAS

No. 16-2263.

884 F.3d 1266 (2018)

Abraham Alejandro GONZALEZ-ALARCON, Petitioner-Appellant, v. Adrian P. MACIAS, El Paso Field Office Director, Immigration and Customs Enforcement; Ronald Warren, Assistant Field Officer Director, Immigration and Customs Enforcement, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 19, 2018.

Attorney(s) appearing for the Case

Olsi Vrapi , Noble & Vrapi, P.A., Albuquerque, New Mexico, for Petitioner-Appellant.

Edward Han , Assistant United States Attorney ( James D. Tierney , Acting United States Attorney, and Marisa A. Ong , Assistant United States Attorney, Las Cruces, New Mexico, with him on the briefs), Office of the United States Attorney, Albuquerque, New Mexico, for Respondents-Appellees.

Before TYMKOVICH, Chief Judge, EBEL and LUCERO, Circuit Judges.

Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241 alleging specific facts which, if proven, would demonstrate that he is a United States citizen. He seeks release from custody from Immigration and Customs Enforcement ("ICE") following ICE's reinstatement of a prior order of removal on that basis...

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