LY v. HANSEN

No. 01-3016.

351 F.3d 263 (2003)

Hoang Minh LY, Petitioner-Appellee, v. Mark B. HANSEN, James Ziglar, and John Ashcroft, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 26, 2003.

Petition for Rehearing Denied: March 30, 2004.


Attorney(s) appearing for the Case

ARGUED: Michelle E. Gorden (argued and briefed), Emily A. Radford (briefed), U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, D.C., for Appellants.

Judy Rabinovitz (argued), ACLU IMMIGRATION RIGHTS PROJECT, New York, New York, for Appellee.

ON BRIEF: Michelle E. Gorden (argued and briefed), Emily A. Radford (briefed), U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, D.C., Lisa H. Johnson (briefed), ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellants.

Richard T. Herman (briefed), RICHARD T. HERMAN & ASSOCIATES, Cleveland, Ohio, for Appellee.

Before: BOGGS, Chief Judge; RYAN, Circuit Judge; and HAYNES, District Judge.


Petition for Rehearing Denied En Banc: March 30, 2004. Pursuant to Sixth Circuit Rule 206

BOGGS, C.J., delivered the opinion of the court, in which RYAN, J., joined. HAYNES, D.J. (pp. 273-78), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOGGS, Chief Judge.

Mark Hansen, district director of the Immigration and Naturalization Service (INS), appeals the grant of habeas...

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