Curiel-Sanchez v. Trominski ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40700
Summary Calendar
ARMANDO CURIEL-SANCHEZ,
Petitioner-Appellee,
v.
E M TROMINSKI, Etc; ET AL,
Respondents,
E.M. TROMINSKI, District Director, INS;
JANET RENO, US Attorney General,
Respondents-Appellants.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CV-3
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March 17, 2000
Before KING, Chief Judge, and DAVIS and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Respondendt-Appellant the Immigration and Naturalization
Service (“INS”) appeals the district court’s grant of Armando
Curiel-Sanchez’s 28 U.S.C. § 2241 petition for habeas relief in a
case controlled by this court’s intervening decision in
Requena-Rodriguez v. Pasquarell, 190 F.3d 299 (5th Cir. 1999).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
For the reasons set forth in Requena, we AFFIRM the district
court’s determination that it had jurisdiction to consider
Curiel’s habeas petition and we VACATE its determination that
§ 440(d) of the AEDPA** does not apply to criminal convictions
which predate its enactment. The case is REMANDED to the
district court for further proceedings consistent with Requena.
AFFIRMED IN PART; VACATED AND REMANDED IN PART.
**
Antiterrorism and Effective Death Penalty Act, Pub. L.
No. 104-132, 110 Stat. 1214.
2