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KIM v. ZIGLAR

No. 99-17373.

276 F.3d 523 (2002)

Hyung Joon KIM, Petitioner-Appellee, v. James W. ZIGLAR, Commissioner; John Ashcroft, Attorney General, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2002.

Attorney(s) appearing for the Case

Mark Walters, Office of Immigration Litigation, Washington, D.C., for the respondents-appellants.

Judy Rabinovitz, American Civil Liberties Union, New York, New York, for the petitioner-appellee.

Before: HUG, NOONAN, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

We consider a constitutional challenge to § 236(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c), which requires that the Attorney General take into custody, and detain without bail, certain categories of aliens during the pendency of removal proceedings against them.

Petitioner Hyung Joon Kim, a citizen of Korea, came to the United States in 1984...

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