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CHI THON NGO v. I.N.S.

No. 97-1419.

192 F.3d 390 (1999)

CHI THON NGO a/k/a David Lam, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE

United States Court of Appeals, Third Circuit.

Filed September 24, 1999.

As Amended on Denial of Rehearing December 30, 1999.

Attorney(s) appearing for the Case

Steven A. Morley (Argued), Bagia & Morley, Philadelphia, PA, for Appellant.

Virginia R. Powel, Office of the United States Attorney, Philadelphia, PA, David W. Ogden, Acting Assistant Attorney General, Civil Division, David M. McConnell, Assistant Director Papu Sandhu (argued), Emily A. Radford, Office of Immigration Litigation Civil Division, Department of Justice, Washington, D.C., for Appellee.

Before: ROTH, WEIS and COWEN, Circuit Judges.

As Amended on Denial of Panel Rehearing December 30, 1999.

OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this appeal is whether excludable aliens who have committed serious crimes in this country may be detained in custody for prolonged periods when the country of origin refuses to allow the individual's return. We conclude that such detention is permitted by the relevant statutes, and is constitutional if the government provides individualized...

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