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WELCH v. U.S.

No. 04-1863.

409 F.3d 646 (2005)

Ricardo Antonio WELCH, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 31, 2005.

Attorney(s) appearing for the Case

ARGUED: Todd Michael Stenerson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant. Neil Ray White, Assistant United States Attorney, Office Of The United States Attorney, Baltimore, Maryland, for Appellee.

ON BRIEF: Debra A. Drake, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant. Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before MICHAEL and DUNCAN, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge MICHAEL and Judge STAMP joined.

OPINION

DUNCAN, Circuit Judge.

Ricardo Antonio Welch, Jr. was detained for 422 days under an immigration statute that this court later determined was unconstitutional as applied to him due to its failure to provide for a bail hearing.1 Welch v. Ashcroft, 293 F.3d 213 (4th...

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