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United States Ninth Circuit


MARQUEZ v. IMMIGRATION & NATURALIZATION SERV., 01-17191

The statutory construction of 8 U.S.C. section 1231 has been extended to embrace aliens deemed inadmissible under 8 U.S.C. section 1182, thus petitioner is entitled to a determination whether his removal to Cuba is reasonably foreseeable and may be released, subject to appropriate supervised conditions of release, if it is not.

Appellate Information

  • Argued 10/11/2002
  • Decided 09/19/2003
  • Published 09/19/2003

Judges

  • Before D.W. NELSON, BEEZER, and McLANE WARDLAW, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Daniel J. Broderick, Chief Assistant Federal Defender, Gillian Black, Staff Attorney, Federal Defender, Sacramento, CA, for the Appellant.

  • For Appellees:
  • Shelley R. Goad, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for the Appellee.
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