United States Ninth Circuit

In the context of the detention of an alien who is a legal permanent resident of the U.S., the circuit court rules that a prolonged detention must be accompanied by appropriate procedural safeguards, including a hearing to establish whether releasing the alien would pose a danger to the community or a flight risk.

Appellate Information

• Argued 01/07/2008
• Decided 07/28/2008
• Published 07/28/2008

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:
  
• James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for the petitioner-appellant., Judy Rabinovitz, ACLU Foundation, New York, NY;  Cecillia D. Wang, ACLU Foundation, San Francisco, CA;  Ahilan T. Arulanantham and Ranjana Natarajan, ACLU Foundation of Southern California, Los Angeles, CA;  Jayashri Srikantiah, Stanford Law School Immigrants' Rights Clinic, Stanford, CA;  for the amicus curiae ACLU Foundation and ACLU Foundation of Southern California., Rachael Keast, Florence Immigrant and Refugee Rights Project, Florence, AZ;  Nancy Morawetz, Washington Square Legal Services, Inc., New York, NY;  for the amicus curiae the Florence Immigrant and Refugee Rights Project, the American-Arab Anti-Discrimination Committee, the American Immigration Lawyers Association, the Asian Law Caucus, the Center for Constitutional Rights, the Center for Gender and Refugee Studies, the Cornell Asylum and Convention Against Torture Appellate Law Clinic, Hate Free Zone, Human Rights Watch, the International Detention Coalition, the Northwest Immigrant Rights Project, Minnesota Advocates for Human Rights, the National Immigrant Justice Center, the National Immigration Project of the National Lawyers Guild, the New York State Defenders Association Immigrant Defense Project and the U.C. Davis Immigration Law Clinic.


• For Appellees:
  
• Karen P. Hewitt, United States Attorney, San Diego, CA; Samuel W. Bettwy and Raven M. Norris, Assistant United States Attorneys on the brief, and Thomas H. Dupree, Jr. (argued), Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., for the respondents-appellees.