United States Ninth Circuit

In a habeas petition challenging petitioner's civil detention pending removal proceedings, denial of the petition is reversed for further consideration of whether, in light of the current circumstances and the resolution of petitioner's related appeal in Owino v. Holder, petitioner faces a significant likelihood of removal to Kenya once his judicial and administrative review process are complete.

Appellate Information

• Argued 06/23/2009
• Decided 08/04/2009
• Published 08/04/2009

Judges

• PER CURIAM., Before BETTY B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for petitioner-appellant.


• For Appellees:
  
• Karen P. Hewitt, United States Attorney;  Tom Stahl, Assistant United States Attorney, Chief, Civil Division;  Samuel W. Bettwy (argued), Assistant United States Attorney, San Diego, CA, for respondent-appellees.