ZADVYDAS v. DAVIS

No. 97-31345.

285 F.3d 398 (2002)

Kestutis ZADVYDAS, Petitioner-Appellee, v. Christine G. DAVIS, U.S. Immigration and Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

March 12, 2002.


Attorney(s) appearing for the Case

Robert F. Barnard, Asst. Federal Public Defender (argued), New Orleans, LA, for Petitioner-Appellee.

Emily Anne Radford, Asst. Director, U.S. Dept. of Justice, Civ. Div. Immigration Litigation, Laura Smith Morton (argued), Fulbright & Jaworski, Washington, DC, for Respondents-Appellants.

Mary A. Kenney, Lawyers Committee for Civil Rights, San Antonio, TX, Judy Rabinovitz (argued), 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, Albuquerque, NM, Kari Irene Converse, Law Offices of Kari Converse, Albuquerque, NM, for National Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Donald Martin Kerwin, Catholic Legal Immigration Network, Inc., Washington, DC, for Catholic Legal Immigration Network, Inc., Amicus Curiae.

Paul Lindsey Hoffman, Schonbrun, DeSimone, Seplow, Harris & Hoffman, Venice, CA, for Human Rights Watch and Human Rights Advocates, Amici Curiae.

Before GARWOOD, DAVIS and BARKSDALE, Circuit Judges.


PER CURIAM:

This habeas proceeding, in which petitioner-appellee Kestutis Zadvydas (Zadvydas), a resident alien, attacks his continued detention by respondent-appellant, Immigration and Naturalization Service (INS), when his unchallenged deportation could not be carried out because no country had been found which would accept him, is again before us on remand from the Supreme Court.

The presently relevant procedural and factual background is generally stated...

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