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LOPEZ-MARROQUIN v. BARR

No. 18-72922.

955 F.3d 759 (2020)

Ricardo A. LOPEZ-MARROQUIN, AKA Ricardo Lopez, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 9, 2020.

Attorney(s) appearing for the Case

Munmeeth Kaur , Troy Elder , Hannah Comstock , and Emily Chertoff , Immigrant Defenders Law Center, Los Angeles, California, for Petitioner.

Joseph A. O'Connell , Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Order; Dissent by Judge Callahan.

ORDER

Because district courts retain jurisdiction under 28 U.S.C. § 2241 to consider habeas challenges to immigration detention that are sufficiently independent of the merits of the removal order, Singh v. Holder, 638 F.3d 1196, 1211-12 (9th Cir. 2011), we construe Lopez-Marroquin's emergency motion to remand pursuant to the All Writs Act as a petition for a writ of habeas corpus, and we transfer it to the Southern...

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