Santiago v. Rumsfeld

407 F.3d 1018 Emiliano SANTIAGO, Petitioner-Appellant, v. Donald H. RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of the Army (Acting); Raymond Byrne, Acting Adjutant General of the Oregon National Guard; David Doran, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees. No. 05-35005. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 2005. Filed May 13, 2005. Steven Goldberg, Goldberg, Mechanic, Stuart & Gibson, LLP, Portland, OR, for the petitioner/appellant. H. Thomas Byron, III, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the respondents/appellees. Appeal from the United States District Court for the District of Oregon; Owen M. Panner, Senior Judge, Presiding. D.C. No. CV-04-01747-OMP. Before: CANBY, TALLMAN, and RAWLINSON, Circuit Judges. CANBY, Circuit Judge: 1 Emiliano Santiago, a sergeant in the Army National Guard facing immediate deployment to Afghanistan, appeals from the district court's denial of his petition for a writ of habeas corpus. Santiago's eight-year enlistment in the Guard was due to expire on June 27, 2004, but…