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ALI v. CANGEMI

No. 04-2490.

419 F.3d 722 (2005)

Ahmed Hassan ALI, also known as Ahmed Warsame, Appellee, v. Mark CANGEMI, Interim Director, Bureau of Immigration and Customs Enforcement, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2005.

Attorney(s) appearing for the Case

Jennifer Paisner, Washington, D.C., for appellant.

Katherine Menendez, AFPD, Minneapolis, Minnesota, for appellee.

Before LOKEN, Chief Judge, LAY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.

RILEY, Circuit Judge.

On May 15, 2003, Ahmed Hassan Ali (Ali), a native of Somalia, applied in the district court for a writ of habeas corpus under 28 U.S.C. § 2241, alleging his extended detention awaiting deportation was unlawful and requesting the government release him from custody. On June 1, 2004, the district court granted the writ, and thereafter the government pursued this appeal. A panel of this court affirmed in a September 27, 2004 opinion. Ali...

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