No. 01-2398.

275 F.3d 299 (2001)

Vinodbhai Bholidas PATEL, Appellant, v. Charles ZEMSKI, District Director, Philadelphia District, Immigration and Naturalization Service, Mary Ann Wyrsch, Acting Commissioner, Immigration and Naturalization; United States Attorney General.

United States Court of Appeals, Third Circuit.

Filed December 19, 2001.

Attorney(s) appearing for the Case

Michelle S. Walker, Philip J. Katauskas, Pepper Hamilton LLP, Philadelphia, PA, Judy Rabinovitz (Argued), American Civil Liberties Union Immigrants' Rights Project, New York, NY, Liliana M. Garces, ACLU Immigrants' Rights Project, Oakland, CA, Robert D. Kolken, Eric W. Schultz, Sacks & Kolken, Buffalo, NY, Attorneys for Appellant.

Michael L. Levy, United States Attorney, James G. Sheehan, Assistant United States Attorney, Chief, Civil Division, Stephen J. Britt (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, Attorney for Appellee.

Jennifer Rochon, Kramer, Levin, Naftalis & Frankel, New York, NY, Attorney for Amicus-Appellant The American Immigration Lawyers Association Citizens and Immigrants for Equal Justice.

Before: SLOVITER, NYGAARD and McKEE, Circuit Judges.


SLOVITER, Circuit Judge.

The issue before us is a limited one. The appellant does not challenge the power of the Immigration and Naturalization Service ("INS") to detain him. Indeed, appellant, a lawful permanent resident, concedes that the INS has legitimate grounds for detaining some individuals pending removal. The only issue is whether appellant, and aliens in his position, can be mandatorily detained pending a final determination...

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