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ARMENTERO v. I.N.S.

No. 02-55368.

340 F.3d 1058 (2003)

Luis L. ARMENTERO, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated February 19, 2003.

Resubmitted August 18, 2003.

Filed August 26, 2003.

Attorney(s) appearing for the Case

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, for the Petitioner-Appellant.

Greg D. Mack and Earle B. Wilson, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for the Respondent-Appellee.

Marc Van Der Hout, Van Der Hout & Brigagliano, San Francisco, California, and Liliana M. Garces, American Civil Liberties Union Foundation Immigrants' Rights Project, Oakland, California, for the Amici Curiae.

Before: Thomas J. MESKILL, Warren J. FERGUSON, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted February 4, 2003 — Pasadena, California.

OPINION

BERZON, Circuit Judge.

Luis Armentero, an excludable alien, contends that his potentially indefinite detention by the Immigration and Naturalization Service ("INS") is unlawful under Zadvydas v. INS, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), as interpreted by this court's decision in Xi v. INS, 298...

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