United States Ninth Circuit

An alien whose removal order is administratively final, but whose removal is stayed pending the court of appeals' resolution of his petition for review, may be subject to detention under 8 U.S.C. section 1226(a), but not section 1231(a)(2) or (a)(6). However, section 1226(a) does not authorize prolonged and indefinite detention. Denial of a habeas corpus petition is affirmed where the government's civil detention of a legal permanent resident of the United States for over three years, while he sought administrative and judicial review of his removal order, was authorized by statute.

Appellate Information

• Argued 01/07/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

• FISHER, Circuit Judge:, Before:  JEROME FARRIS, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Counsel., Matt Adams (argued), Northwest Immigrant Rights Project, Seattle, WA, for the petitioner-appellant., Judy Rabinovitz, ACLU Foundation, New York, NY;  Cecillia D. Wang, ACLU Foundation, San Francisco, CA;  Ahilan T. Arulanantham, Ranjana Natarajan, ACLU Foundation of Southern California, Los Angeles, CA;  Jayashri Srikantiah, Stanford Law School Immigrants' Rights Clinic, Stanford, CA, for amicus curiae American Civil Liberties Foundation and American Civil Liberties Union Foundation of Southern California., Rachael Keast, Florence Immigrant and Refugee Rights Project, Florence, AZ;  Nancy Morawetz, Heidi Altman, Mandy Hu, Washington Square Legal Services, Inc., New York, NY, for amicus curiae Florence Immigrant and Refugee Rights Project, et al.


• For Appellees:
  
• Gjon Juncaj (argued), Department of Justice, Office of Immigration Litigation, Washington, DC;  Jeffrey C. Sullivan, United States Attorney, Priscilla To-Yin Chan, Assistant United States Attorney, Western District of Washington, Seattle, WA, for the respondents-appellees.