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TUAN THAI v. ASHCROFT

No. 03-35626.

366 F.3d 790 (2004)

TUAN THAI, also known as Anh Tuan Thai, also known as Anh Thai Tuan, Petitioner-Appellee, v. John ASHCROFT, Attorney General, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2004.

Attorney(s) appearing for the Case

Jacqueline R. Dryden, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent-appellant.

Jay W. Stansell, Assistant Federal Public Defender, Seattle, WA, for the petitioner-appellee.

Before HUG, GRABER, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

This case requires us to consider whether 8 U.S.C. § 1231(a)(6), as construed by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), authorizes the continued and potentially indefinite detention of an alien based on a determination that the alien's mental illness makes him specially dangerous to the community. We...

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