Juan Pablo Zegarra-Gomez v. Immigration and Naturalization Service

In Miranda v. Reno, 238 F.3d 1156, 1158-59 (9th Cir.2001), we held that a petitioner who has already been deported cannot avail himself of habeas corpus jurisdiction because he is no longer “in custody,” as that term is used in 28 U.S.C. § 2241 , when he files his petition. Today, we hold that where an alien habeas petitioner is deported after he files his petition, the fact of his deportation does not render the habeas petition moot where there are collateral consequences arising from the deportation that create concrete legal disadvantages. Accordingly, we remand the petition to the district court.

I

Juan Pablo Zegarra-Gomez, a native of Peru, immigrated to the United States in 1984. In 1990, he was convicted in California state court of assault with the intent to commit rape and sentenced to four years imprisonment. In 1993, he was convicted in state court on a charge of perjury that was unrelated to his assault case and sentenced to two years imprisonment. In 1995, the Immigration and Naturalization Service filed an Order to Show Cause alleging Zegarra-Gomez’s deportability as an aggravated felon under the Immigration and Nationality Act, 8 U.S.C. § 1101 (a)(43)(F), and,…