Abdala

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIBAN AHMED ABDALA, 

Petitioner-Appellant, v. No. 06-55774 IMMIGRATION AND NATURALIZATION  D.C. No.

CV-00-01828-WQH

SERVICE; ADELE J. FASANO, Dist. Director, INS District Director for OPINION the San Diego District, Respondents-Appellees.  Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted May 8, 2007—Pasadena, California

Filed June 4, 2007

Before: Barry G. Silverman, Kim McLane Wardlaw, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee COUNSEL

Jason I. Ser, Public Defender’s Office, San Diego, California, for the petitioner-appellant.

Samuel W. Bettwy, United States Attorney’s Office, San Diego, California, for the respondent-appellee.

OPINION

BYBEE, Circuit Judge:

Liban Abdala (“Abdala”) was ordered removed from the United States to Somalia as a result of his criminal convic- tions. While in Immigration and Naturalization Service (“INS”) custody, Abdala filed a petition for a writ of habeas corpus…