United States Sixth Circuit

An excludable alien has a liberty interest recognized by the Fifth Amendment's Due Process Clause when the INS seeks to detain him in custody, perhaps indefinitely, without charging him with a crime or affording him a trial, on the ground that it cannot effect his deportation.

Appellate Information

• Decided 01/31/2001
• Published 01/31/2001

Judges

• Before MARTIN, Chief Circuit Judge;  KRUPANSKY, BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Mario Rosales-Garcia, Miami, FL, pro se., Reynero Arteaga Carballo, Union Rescue Mission, Los Angeles, CA, pro se., Judy Rabinovitz (argued and briefed), ACLU Immigration Rights Project, New York, NY, Liliana Garces (briefed), American Civil Liberties Union Immigrants' Rights Project, Oakland, CA, Lucas Guttentag (briefed), American Civil Liberties Union Immigrants' Rights Project, New York, NY, David W. Leopold (briefed), Cleveland, OH, for Petitioners-Appellants, Mario Rosales-Garcia and Reynero Arteaga Carballo


• For Appellees:
  
• Allen W. Hausman, Linda S. Wernery (argued and briefed), Emily A. Radford, Mark C. Walters, Greg D. Mack (briefed), U.S. Dept. of Justice, Immigration Litigation, Civil Div., Office of Immigration Litigation, Washington, DC, for Respondents-Appellees, J.T. Holland, Mark Luttrell and I.N.S.