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ALI v. GONZALES

No. 03-35096.

421 F.3d 795 (2005)

Yusuf Ali ALI; Mohamed Aweys; Mohamed Hussein Hundiye; Gama Kalif Mohamud, Petitioners-Appellees, v. Alberto R. GONZALES, Attorney General; Immigration and Naturalization Service; Robert S. Coleman, Jr., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed September 17, 2003.

Opinion Withdrawn and Order Filed August 26, 2005.

As Amended on Rehearing October 20, 2005.

Attorney(s) appearing for the Case

Greg D. Mack, Civil Division, U.S. Department of Justice, Washington, DC, for the respondents-appellants.

Nicholas P. Gellert, Perkins Coie LLP, Seattle, WA, for the petitioners-appellees.

Before REAVLEY, TASHIMA, and PAEZ, Circuit Judges.

ORDER

In Ali v. Ashcroft, 346 F.3d 873 (9th Cir.2003), we held that the United States cannot remove aliens to Somalia because 8 U.S.C. § 1231 does not permit removal if the country does not have a functioning government to accept the aliens. Id. at 876. We also held that the Attorney General was the proper respondent in the habeas petition because of his unique role as the interpreter of the statute and the "Ultimate...

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