Marek Kozlowski v. Richard C. Smith, District Director, Director of the Immigration and Naturalization Service Immigration and Naturalization Service

Good Law
28 F.3d 106·1994 WL 274256·1994 U.S. App. LEXIS 25380
United States Court of Appeals for the Ninth CircuitJune 21, 199493-35971California667 words

Opinion

Opinion

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marek KOZLOWSKI, Petitioner-Appellant, v. Richard C. SMITH, District Director, Director of the Immigration and Naturalization Service; Immigration and Naturalization Service, Respondents-Appellees. No. 93-35971. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 21, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Marek Kozlowski, a native and citizen of Poland, appeals the district court's denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we dismiss Kozlowski's appeal as moot. 3 To satisfy Article III of the Constitution, an actual, live case or controversy must exist at all stages of judicial review. See Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 (1983) (per curiam). " 'Generally, an appeal will be dismissed as moot when events occur which prevent the appellate court from granting…

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