Opinion

Lin Guo Xi v. United States Immigration and Naturalization Service, Opinion

  • 298 F.3d 832
  • 2002 Daily Journal DAR 8672
  • 2002 Cal. Daily Op. Serv. 6884
  • 2002 U.S. App. LEXIS 15413
  • 2002 WL 1766307
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 1, 2002
Status
Published
Author
Gould
On the bench
Rymer, McKeown, Gould
Cited by
98 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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