Florencio Reyna v. Joe Klauser

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Florencio REYNA, Petitioner-Appellant, v. Joe KLAUSER, Respondent-Appellee. No. 95-35753. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Appellee's motion to dismiss this appeal for lack of jurisdiction is denied. See 28 U.S.C. Sec. 1292 (a)(1) (order denying request for preliminary injunction is appealable). Because the petition seeks relief from the deportation order pursuant to 28 U.S.C. Sec. 2241 , a certificate of probable cause is not required to pursue this appeal. Fed.R.App.P. 22(b). 3 This court has reviewed the record and the briefing in this appeal and hereby vacates and remands the district court's June 8, 1995 order denying preliminary injunctive relief for failure to demonstrate the likelihood of immediate harm to petitioner. Although appellant's earliest possible parole date…