Block on Trump's Asylum Ban Upheld by Supreme Court
District court's denial of defendant's writ of habeas corpus is reversed and remanded to dismiss the petition without prejudice where: 1) district court erred in finding defendant's petition was untimely under 28 U.S.C. section 2241; and 2) defendant failed to exhaust his administrative remedies within the Bureau of Prisons.
Submitted: April 15, 2009
Filed: August 24, 2009
Opinion by Colloton, Circuit Judge