Idica v. Radcliffe

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernesto C. IDICA, Petitioner-Appellant, v. Donald A. RADCLIFFE, District Director, United States Immigration and Naturalization Service, Department of Justice, Honolulu, Hawaii, Respondent-Appellee. No. 93-15187. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1993. Decided Jan. 25, 1994. Before: WALLACE, Chief Judge, GARTH * and WIGGINS, Circuit Judges. MEMORANDUM 1 Idica appeals from the district court's judgment dismissing his habeas corpus petition challenging the Board of Immigration Appeal's (Board) order of exclusion. The district court had jurisdiction pursuant to 8 U.S.C. Sec. 1105a(b) and 28 U.S.C. Sec. 2241 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 2253 . We affirm. 2 Idica presents two arguments as to why he should be allowed to return to the United States despite his nearly three year absence abroad. First, he argues that he is a citizen by…