Trevor A. Laing v. John Ashcroft, Attorney General

Trevor Arthur Laing, a native of Jamaica, appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition. This court has jurisdiction under 28 U.S.C. §§ 1291 and 2253. Because the district court erred in finding that Laing had exhausted his judicial remedies and in determining that exhaustion would be futile, we remand to the district court to vacate its order denying the writ and to dismiss the petition.

I. Factual and Procedural Background

On February 19, 1997, Laing pleaded guilty to count 1 of an information, which charged him with “conspiracy to SALE/TRANSPORT/POSSESS MARIJUANA FOR SALE, in violation of Section 11360/11359 of the HEALTH AND SAFETY Code, a felony.” Based on his plea, he was convicted on April 18, 1997, of violating California Penal Code § 182, which prohibits two or more people from conspiring to commit any crime, and received a 16-month prison sentence.

Laing’s criminal conviction prompted the Immigration and Naturalization Service (INS) to initiate removal proceedings by serving Laing with a “Notice to Appear,” dated October 31, 1997. On June 4, 1998, Laing filed an application for cancellation of removal under 8 U.S.C. § 1229b. The case was…