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DOAN v. I.N.S.

No. 01-56784.

311 F.3d 1160 (2002)

Phong DOAN, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2002.

Attorney(s) appearing for the Case

Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, CA, for the petitioner-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Samuel W. Bettwy, Special Assistant U.S. Attorney, U.S. Attorney's Office, San Diego, CA, for the respondent-appellee.

Before: SCHROEDER, Chief Judge, FLETCHER, Circuit Judge, and WEINER, District Judge.

OPINION

SCHROEDER, Chief Judge.

Appellant Phong Doan is a Vietnamese national who has been ordered removed to Vietnam because of two felony convictions. Vietnam will not take him back. In Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), the Supreme Court held that the INS is not authorized to detain removable aliens past the presumptive six month...

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