United States Fifth Circuit

8 U.S.C. section 1231(a)(6), as construed by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), does not authorize the continued and potentially indefinite detention of a removable alien based on a determination by the government that the alien's mental illness renders him a dangerous risk to the community.

Appellate Information

• Decided 01/28/2008
• Published 01/28/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robin Lisa Goldfaden, Am. Civ. Lib. Union, Immigrants' Rights Project, San Francisco, CA, Judy Rabinovitz, Am. Civ. Lib. Union, New York City, for Tran.


• For Appellees:
  
• C. Barrington Wilkins, U.S. Dept. of Justice, OIL, Washington, DC, for Respondents-Appellants.