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KHOTESOUVAN v. MORONES

Nos. 04-35417, 04-35419, 04-35420, 04-35421, 04-35422.

386 F.3d 1298 (2004)

Kading KHOTESOUVAN, Petitioner-Appellant, v. George MORONES; Michael Garcia; Asa Hutchinson; Tom Ridge; John Ashcroft, Attorney General, Respondents-Appellees. Hun Van Le, Petitioner-Appellant, v. George Morones; Michael Garcia; Asa Hutchinson; Tom Ridge; John Ashcroft, Attorney General, Respondents-Appellees. Dang Tran, Petitioner-Appellant, v. George Morones; Michael Garcia; Asa Hutchinson; Tom Ridge; John Ashcroft, Attorney General, Respondents-Appellees. Vinh Tran Dao, II, Petitioner-Appellant, v. George Morones; Michael Garcia; Asa Hutchinson; Tom Ridge; John Ashcroft, Attorney General, Respondents-Appellees. Sengchang Savath, Petitioner-Appellant, v. George Morones; Michael Garcia; Asa Hutchinson; Tom Ridge; John Ashcroft, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2004.

Attorney(s) appearing for the Case

Christine Stebbins Dahl, Assistant Federal Defender, Portland, OR, for the appellants.

Kenneth C. Bauman, Assistant United States Attorney, Portland, OR, for the appellees.

Before: HALL, KLEINFELD, and CALLAHAN, Circuit Judges.

HALL, Senior Circuit Judge.

This appeal presents the question whether the government may continue to detain an alien ordered removed who has been held in custody for fewer than 90 days, but whose removal is not reasonably foreseeable. We hold that an alien ordered removed whose removal is not reasonably foreseeable cannot raise a colorable claim for release under the Due Process Clause of the Fifth Amendment until at least 90 days of detention have passed.

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