Martinez-Rosas

Martinez-Rosas v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 9, 200504-36150California1,769 words

Opinion

Opinion

Wardlaw, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIA MARTINEZ-ROSAS, 

Petitioner-Appellant, No. 04-36150 v.  D.C. No.

CV-04-00152-EFS

ALBERTO R. GONZALES, Attorney General, OPINION Respondent-Appellee.  Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted August 4, 2005—Seattle, Washington

Filed September 9, 2005

Before: David R. Thompson, Thomas G. Nelson, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Wardlaw

12827 MARTINEZ-ROSAS v. CHERTOFF 12829

COUNSEL

Nicholas Marchi, Carney & Marchi, P.S., Seattle, Washing- ton, for the petitioner.

James A. McDevitt, United States Attorney, and William H. Beatty, Assistant United States Attorney, Spokane, Washing- ton, for the respondent.

OPINION

WARDLAW, Circuit Judge:

Maria Martinez-Rosas, a native and citizen of Mexico, appeals the district court’s order dismissing her 28 U.S.C. § 2241 habeas corpus petition, which challenged the order of removal entered by an immigration judge (“IJ”) and affirmed by the Board of Immigration…

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