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  • Martinez v. Bureau of Immigration, 4th Cir. (2005)

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    Rolando Martinez, an inadmissible alien, filed a 28 U.S.C. § 2241 petition challenging his detention by the Bureau of Immigration and Customs Enforcement (BICE). The district court dismissed the petition, finding that Zadyvas v. Davis did not apply to inadmissible aliens. However, the Supreme Court's recent decision in Clark v. Martinez established that Zadyvas does apply to inadmissible aliens. Therefore, the Fourth Circuit vacated the district court's judgment and remanded the case for further proceedings consistent with Clark v. Martinez.

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    Filed: 2005-04-01 Precedential Status: Non-Precedential Docket: 03-7764

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    Rolando Martinez, an inadmissible alien, filed a 28 U.S.C. § 2241 petition challenging his detention by the Bureau of Immigration and Customs Enforcement (BICE). The district court dismissed the petition, finding that Zadyvas v. Davis did not apply to inadmissible aliens. However, the Supreme Court's recent decision in Clark v. Martinez established that Zadyvas does apply to inadmissible aliens. Therefore, the Fourth Circuit vacated the district court's judgment and remanded the case for further proceedings consistent with Clark v. Martinez.

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    5 views2 pages

    Martinez v. Bureau of Immigration, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Rolando Martinez, an inadmissible alien, filed a 28 U.S.C. § 2241 petition challenging his detention by the Bureau of Immigration and Customs Enforcement (BICE). The district court dismissed the petition, finding that Zadyvas v. Davis did not apply to inadmissible aliens. However, the Supreme Court's recent decision in Clark v. Martinez established that Zadyvas does apply to inadmissible aliens. Therefore, the Fourth Circuit vacated the district court's judgment and remanded the case for further proceedings consistent with Clark v. Martinez.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7764

    ROLANDO MARTINEZ,
    Plaintiff - Appellant,
    versus
    BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Malcolm J. Howard,
    District Judge. (CA-03-725-5-H)

    Submitted:

    March 2, 2005

    Decided:

    April 1, 2005

    Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Rolando Martinez, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Rolando Martinez appeals a district court judgment and
    order summarily dismissing his 28 U.S.C. 2241 (2000) petition.
    The district court denied relief because the holding in Zadyvas v.
    Davis, 533 U.S. 678 (2001), did not apply to inadmissible aliens
    like Martinez.

    In Clark v. Martinez, 125 S. Ct. 716 (2005), the

    Supreme Court held the holding in Zadyvas did apply to inadmissible


    aliens.

    Accordingly, we vacate the district court judgment and

    remand for further proceedings.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented in


    the materials before the court and argument would not aid the
    decisional process.

    VACATED AND REMANDED

    - 2 -

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