BENITEZ v. WALLIS

No. 02-14324.

402 F.3d 1133 (2005)

Daniel BENITEZ, Petitioner-Appellant, v. Robert WALLIS, Director INS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 2005.


Attorney(s) appearing for the Case

John Stewart Mills (Court-Appointed), Mills & Carlin, P.A., Jacksonville, FL, for Petitioner-Appellant.

Andrew C. MacLachlan, David V. Bernal, Emily Anne Radford, Papu Sandhu, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, Michael Peter Finney, Pamela A. Moine, Asst. U.S. Atty., Pensacola, FL, for Respondent-Appellee.

Before DUBINA, BLACK and HULL, Circuit Judges.


HULL, Circuit Judge:

Daniel Benitez, a native and citizen of Cuba, is an inadmissible alien who brought a § 2241 petition challenging his immigration detention. The district court concluded that the INS's determinations that Benitez posed a danger to the community and was likely to engage in further violent behavior were facially legitimate and bona fide reasons to detain Benitez until removal to Cuba was possible. Consequently, the district court denied Benitez...

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