Wynter v. Luna

U.S. Court of Appeals for the Ninth Circuit December 9, 2004

Wynter v. Luna, 114 F. App'x 847 (9th Cir. 2004)

Opinion of the Court

MEMORANDUM **

Arizona prisoner Derrick George Wynter appeals pro se the district court’s judgment denying his 28 U.S.C. § 2241 petition for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Wynter contends that he is not removable because he is a national of the United States. The district court correctly dismissed Wynter’s petition because it had no jurisdiction to address his claim. See 8 U.S.C. § 1252(b)(5).

AFFIRMED.

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.

Reference

Full Case Name: Derrick George WYNTER v. Frank LUNA
Status: Published