United States Third Circuit

Denying of habeas petition is affirmed where there is no need to construe section 1231(a)(6) to avoid constitutional due process concerns for inadmissible aliens who never have been admitted into the US.

Appellate Information

• Decided 10/29/2003
• Published 10/29/2003

Judges

• Before BARRY, BECKER, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher W. Wasson (argued), Barak A. Bassman, Pepper Hamilton LLP, Philadelphia, PA, for Appellant., Judy Rabinovitz, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, Lucas Guttentag, Liliana M. Garces, American Civil Liberties Union Foundation, Immigrants' Rights Project, Oakland, CA, for Amicus Curiae American Civil Liberties Union.


• For Appellees:
  
• Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Civil Division, Linda S. Wernery, Senior Litigation Counsel, United States Department of Justice, Thankful T. Vanderstar, Laura L. Flippin (argued), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Appellees.