No. 01-56796.

329 F.3d 1057 (2003)

Adam PELICH, Petitioner-Appellant, v. IMMIGRATION and NATURALIZATION SERVICE; Adele J. Fasano, District Director, for the San Diego District, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2003.

Attorney(s) appearing for the Case

Jason I. Ser, 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, San Diego, CA, for the respondents-appellees.

Before FRIEDMAN, KOZINSKI and RAWLINSON, Circuit Judges.


RAWLINSON, Circuit Judge.

We are aware of the proscription against indefinite detention articulated in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001). However, Petitioner's detention in this case is indefinite only because he refuses to cooperate with the Immigration and Naturalization Service's ("INS") efforts to remove him. In such a circumstance, Petitioner has no cause to complain...

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