United States Ninth Circuit

Denial of habeas relief for petitioner is reversed as to defendant's detention pursuant to the authority conferred on the Attorney General by 8 U.S.C. section 1226(c) as applied to expedited removal of criminal aliens because two years and four months of process is not expeditious.

Appellate Information

• Argued 01/10/2005
• Decided 12/13/2005
• Published 12/13/2005

Judges

• NOONAN, Circuit Judge:, Before: NOONAN, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven A. Hirsch, Keker & Van Nest, LLP, San Francisco, CA, Lucas Guttentag, ACLU Immigrants' Rights Project, Oakland, CA, and Judy Rabinovitz, ACLU Immigrants' Rights Project, New York, NY, for petitioner-appellant.


• For Appellees:
  
• Carol C. Lam, United States Attorney, Tom Stahl, Assistant U.S. Attorney, and Ernest Cordero, Jr., Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for respondents-appellees.