Jose Fabela Martinez v. W.C. Wells, Warden, and U.S. Immigration and Naturalization Service

967 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Fabela MARTINEZ, Petitioner-Appellant, v. W.C. WELLS, Warden, and U.S. Immigration and Naturalization Service, Respondents-Appellees. No. 91-55566. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1992. Withdrawn Feb. 11, 1992. Resubmitted April 14, 1992. * Decided June 12, 1992. Before WALLACE, Chief Judge, and JAMES R. BROWNING and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Fabela Martinez appeals the district court's dismissal for lack of jurisdiction of his petition for writ of habeas corpus challenging the Immigration and Naturalization Service's ("INS") issuance of a detainer. We reverse and remand for further proceedings. BACKGROUND 3 Appellant Martinez, a citizen of Mexico, immigrated to the United States on April 16, 1970. On August 29, 1986, he was convicted in federal district court of possession with intent to distribute cocaine and aiding and abetting in violation of 21…