FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAVIER CASTILLO, No. 07-55482
Plaintiff - Appellant, D.C. No. 2:06-cv-01467-MLR
v.
LEROY BACA, Sheriff, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Javier Castillo appeals pro se from the district court’s judgment dismissing
his 28 U.S.C. § 2241 petition on abstention grounds under Younger v. Harris,
401 U.S. 37 (1971). We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and
we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Castillo challenges his detention under pending petitions to civilly commit
him as a sexually violent predator. In particular, he contends that his detention in
lieu of removal from the United States violates due process.1 The district court
properly invoked Younger abstention because the civil commitment proceedings
brought against Castillo are judicial in nature and implicate important state
interests, and Castillo would have an adequate opportunity to litigate his federal
claims during his state trial and post-trial proceedings. See Younger, 401 U.S. at
41; Gilbertson v. Albright, 381 F.3d 965, 976-78 (9th Cir. 2004) (en banc)
(discussing factors to be considered when determining whether Younger abstention
applies).
AFFIRMED.
1
We sua sponte certify for appeal the issue of whether the district court’s
decision to invoke Younger abstention was proper, see Cooke v. Solis, 606 F.3d
1206, 1212 (9th Cir. 2010), because it appears that Castillo must obtain a
certificate of appealability, see Wilson v. Belleque, 554 F.3d 816, 825 (9th Cir.
2009).
2 07-55482