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TIJANI v. WILLIS

No. 04-55285.

430 F.3d 1241 (2005)

Monsuru O. TIJANI, Petitioner-Appellant, v. Wayne K. WILLIS, Interim Director, Interior Immigration Enforcement, United States Department of Homeland Security; Caryl Thompson, OIC, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2005.

Attorney(s) appearing for the Case

Steven A. Hirsch, Keker & Van Nest, LLP, San Francisco, CA, Lucas Guttentag, ACLU Immigrants' Rights Project, Oakland, CA, and Judy Rabinovitz, ACLU Immigrants' Rights Project, New York, NY, for the petitioner.

Tom Stahl, and Ernest Cordero, Jr., Assistant United States Attorneys, San Diego, CA, for the respondents.

Before: NOONAN, TASHIMA, and CALLAHAN, Circuit Judges.

NOONAN, Circuit Judge:

As of today's date, Tijani has been deprived of his liberty by the government for a period of over two years and eight months. This deprivation has been inflicted not as the result of any adjudication of crime but as a bureaucratic application of the authority conferred on the Attorney General by 8 U.S.C. § 1226(c). Despite the substantial powers that Congress may exercise in regard to aliens, it is constitutionally doubtful that Congress...

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