Parra-Morales v. Ashcroft

76 F. App'x 215

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 30, 2003
• Docket: Nos. 01-56894, 02-56164; D.C. Nos. CV-01-00600-BTM, CV-02-00040-BTM
• Status: Published

Opinion

MEMORANDUM

**

Taniguchi v. Schultz¹ holds that Immigration and Nationality Act § 212(h) (8 U.S.C. § 1182(h)) does not violate equal protection by distinguishing between lawful and non-lawful permanent residents convicted of aggravated felonies. Taniguchi thus precludes the habeas relief sought by Parra-Morales in his first writ.

The appeal of the stay is moot, and we need not decide it, because (1) Parra-Morales was nevertheless eventually released; (2) the basis for issuing the writ was vitiated by Taniguchi-, and (3) our decision in Kim v. Ziglar,2 providing for release, was reversed by the Supreme Court. See Demore v. Kim.3

REVERSED

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . 303 F.3d 950, 957-58 (9th Cir.2002).

2 . 276 F.3d 523 (9th Cir.2002).

3 . — U.S. —, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003).