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RUBIO v. DAVIS

No. 16-20671.

907 F.3d 860 (2018)

James RUBIO, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 30, 2018.

Attorney(s) appearing for the Case

James Rubio, Pro Se.

Adam Fellows , Craig McCam Jacobs , Assistant Attorney General, Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Respondent-Appellee.

Before: ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges.

James Rubio appeals the dismissal of his petition for habeas corpus for lack of jurisdiction. This court granted a certificate of appealability on the narrow question of whether Rubio was "in custody" under the challenged state court judgment. Because we hold that Rubio satisfies the custody requirement, we reverse...

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