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ZADVYDAS v. UNDERDOWN

No. 97-31345.

185 F.3d 279 (1999)

Kestutis ZADVYDAS, Petitioner-Appellee, v. Lynne UNDERDOWN; U.S. Immigration and Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Robert F. Barnard, New Orleans, La, for Petitioner-Appellee.

Emily Anne Radford, Civil Division, Laura Anderson Smith, U.S. Department of Justice, Washington, DC, for Respondents-Appellants.

Mary A. Kenney, San Antonio, TX, Judy Rabinovitz, American Civil Liberties Union Immigrants' Rights Project, New York City, for Lawyers' Committee for Civil Rights Under Law of Texas and American Civil Liberties Union, Amici Curiae.

Marc Hayes Robert, Karin Irene Converse, Albuquerque, NM, for National Association of Criminal Defense Lawyers, Amicus Curiae.

Donald Martin Kerwin, Catholic Legal Immigration Network, Alexandria, VA, for Catholic Legal Immigration Network, Inc., Amicus Curiae.

Paul Lindsey Hoffman, Santa Monica, CA, for Human Rights Watch and Human Rights Advocates, Amici Curiae.

Before GARWOOD, DAVIS and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellee Kestutis Zadvydas (Zadvydas) applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He alleged that since he is a stateless person and there is no possibility of effectuating his deportation to another country, his continued detention by respondents-appellants the Immigration and Naturalization Service (INS) and its district director (whose successor, Lynne Underdown, has been substituted as a party respondent...

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