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DIOP v. ICE/HOMELAND SEC.

No. 10-1113.

656 F.3d 221 (2011)

Cheikh DIOP, a/k/a Ibou Ndiaya, a/k/a Ebou Njie Cheikh Diop, Appellant v. ICE/HOMELAND SECURITY; Warden Mary E. Sabol; Thomas R. Decker; John P. Torres; Secretary of the Department of Homeland Security; Attorney General of the United States.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 1, 2011.

Attorney(s) appearing for the Case

Cheikh Diop , Wilkes-Barre, PA, pro se.

Tony West, Esq. , David J. Kline, Esq. , Gjon Juncaj, Esq. , Nicole R. Prairie, Esq. (argued), United States Department of Justice, Civil Division, Office of Immigration Litigation, District Court Section, Washington, DC, Mark E. Morrison, Esq. , Office of the United States Attorney, Harrisburg, PA, for Appellees.

Judy Rabinovitz, Esq. (argued), Farrin R. Anello, Esq. , Tanaz Moghadam, Esq. , Michael K.T. Tan, Esq. , American Civil Liberties Union Foundation, New York, NY, Witold Walczak, Esq. , Mary Catherine Roper, Esq. , Valerie Burch, Esq. , American Civil Liberties Union Foundation of Pennsylvania, Pittsburgh, PA, for Amici Curiae American Civil Liberties, Union Foundation and American Civil Liberties Union, Foundation of Pennsylvania.

Before: FUENTES and CHAGARES, Circuit Judges, POLLAK, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge.

A 1996 law requires that the Executive Branch take into custody any person who is removable from this country because he has committed, among other things, a crime involving moral turpitude or a crime involving a controlled substance. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), Pub.L. No. 104-208, § 303, 110 Stat. 3009-585-86 (1996) (codified at 8 U.S.C. §...

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