Rolando Martinez v. Bureau of Immigration

UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

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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

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