finding that, because the statute at issue does not make exceptions for inadmissible aliens and the Supreme Court has interpreted that statute to prohibit indefinite detentions without qualification, the protections of Zadvydas must apply to inadmissible aliens
How later courts described this case
- finding that, because the statute at issue does not make exceptions for inadmissible aliens and the Supreme Court has interpreted that statute to prohibit indefinite detentions without qualification, the protections of Zadvydas must apply to inadmissible aliens
- explaining that the statute interpreted in Barrera-Echavarria "no longer exists" and that the statute now applicable is 8 U.S.C. § l231(a)(6)
- noting a “statutory duty to effect the physical removal of individuals ordered removed within the statutorily specified 90-day ‘removal period’”
- "We simply cannot ignore that `excludable' is no longer a term that has any statutory import under the INA."
Written by the judges who cited it.
The opinion
GOULD, Circuit Judge,
concurring.
I join noting that the basis for relief here is solely statutory, what Congress has ordained, and that we have no occasion in this case to address whether aliens in the position of Lin have any assertable constitutional protections.