Molina v. Ziglar, et al

1 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 12, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50596
Summary Calendar
ISAAC RAMIREZ-MOLINA,
Petitioner-Appellee,
versus
JAMES ZIGLAR; ET AL.,
Respondents
GRACE WINFREY, Interim Field Office Director for Detention and
Removal, Bureau of Immigration and Customs Enforcement,
Department of Homeland Security,
Respondent-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CV-344-JN
--------------------
Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
The respondent (Government) appeals the district court’s grant
of relief under 28 U.S.C. § 2241 to Isaac Ramirez-Molina (Ramirez).
Our review of the record and the pleadings indicates that there are
issues concerning the exhaustion of administrative remedies that
should be addressed by the district court in the first instance.

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2
See Cano-Miranda v. Ashcroft, 262 F.3d 477, 479 (5th Cir. 2001).
The Immigration Judge (IJ) issued a stay in a 2002 proceeding on a
motion to reopen Ramirez’s 1999 removal proceeding, but it is
unclear whether further action remains to be taken at the
administrative level. The district court should also address
whether Ramirez has sufficiently exhausted his administrative
remedies concerning the 1999 removal proceeding.
Accordingly, the case is REMANDED to the district court for
the limited purpose of addressing the exhaustion issue with respect
to both the 1999 removal proceedings and the 2002 motion to reopen.
Following the district court’s determination, the case should be
returned to this court. This court retains jurisdiction of the
appeal during the pendency of the limited remand. See Wheeler v.
City of Columbus, 686 F.2d 1144, 1154 (5th Cir. 1982).
LIMITED REMAND.

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