United States Ninth Circuit

In an immigration case, grant of an injunction requiring a hearing to determine whether petitioner's prolonged detention was justified is reversed, and grant of habeas relief is vacated where: 1) petitioner's detention was authorized under section 1231, rather than section 1226 of the Immigration and Nationality Act (INA); and 2) petitioner failed to demonstrate that there was no significant likelihood of removal in the reasonably foreseeable future.

Appellate Information

• Argued 01/07/2008
• Decided 09/18/2008
• Published 09/18/2008

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gjon Juncaj, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C.;  Thomas H. Dupree, Jr., U.S. Department of Justice, Washington, D.C., for the respondents-appellants., Cecillia D. Wang, ACLU Foundation, Immigrants' Rights Project, San Francisco, CA;  Ahilan T. Arulanantham, ACLU Foundation of Southern California, Los Angeles, CA, for the petitioner-appellee.