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LEMA v. U.S. I.N.S.

No. 02-35901

341 F.3d 853 (2003)

Shibeshi Lema, Petitioner-Appellant, v. U.S. Immigration and Naturalization Service; John Ashcroft, Attorney General; Robert S. Coleman, Jr., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2003.

Attorney(s) appearing for the Case

Thomas W. Hillier, II, and Jay W. Stansell, Federal Public Defenders, Seattle, Washington, for the Petitioner-Appellant.

James E. Grimes, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the Respondents-Appellees.

Before: Arthur L. Alarcón, Ronald M. Gould, and Richard R. Clifton, Circuit Judges.

Argued and Submitted August 7, 2003 — Seattle, Washington.

OPINION

GOULD, Circuit Judge.

In this appeal from the district court's denial of a habeas corpus petition, we must decide whether the Immigration and Naturalization Service's two-year continued detention of a removable alien is authorized by 8 U.S.C. § 1231(a)(1)(C) when the alien is refusing to cooperate fully with officials to secure travel documents from a foreign government...

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