Basilio Rivero v. Mark A. Henry, Warden U.S. Immigration & Naturalization Service

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Basilio RIVERO, Petitioner-Appellant, v. Mark A. HENRY, Warden; U.S. Immigration & Naturalization Service, Respondents-Appellees. No. 94-55034. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 13, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Basilio Rivero, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 habeas petition. Rivero contends that the Immigration and Naturalization Service (INS) has violated his constitutional rights by refusing to give him an expedited deportation hearing pursuant to 8 U.S.C. Sec. 1252a(d)(1). We review de novo, Meador v. Knowles, 990 F.2d 503, 506 (9th Cir.1993), and affirm. 3 A federal prisoner must be "in custody" at the time he files his habeas petition. 28 U.S.C. Sec. 2241 (c) (1988); Myers v. United States Parole Comm'n, 813 F.2d 957, 958 (9th Cir.1987). A bare…