United States Sixth Circuit

The district court's grant of habeas relief to a deportable criminal alien is affirmed where the government failed to show a strong special justification for indefinite detention, the period of time required to conclude the proceedings was unreasonable, and actual removal was not foreseeable.

Appellate Information

• Decided 11/26/2003
• Published 11/26/2003

Judges

• Before:  BOGGS, Chief Judge;  RYAN, Circuit Judge;  and HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michelle E. Gorden (argued and briefed), Emily A. Radford (briefed), U.S. Department of Justice, Civil Division, Washington, DC, Lisa H. Johnson (briefed), Assistant United States Attorney, Cleveland, OH, for Appellants.


• For Appellees:
  
• Judy Rabinovitz (argued), ACLU Immigration Rights Project, New York, NY, Richard T. Herman (briefed), Richard T. Herman & Assoc., Cleveland, OH, for Appellee.