PRIETO-ROMERO v. CLARK

No. 07-35458.

534 F.3d 1053 (2008)

Jose Manuel PRIETO-ROMERO, Petitioner-Appellant, v. A. Neil CLARK, Officer in Charge, Detention and Removal Operations: Northwest Detention Center; Michael Chertoff, Secretary of Homeland Security; Michael B. Mukasey, Attorney General of the United States; and any and all other persons exercising direct legal custody over the petitioner, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2008.


Attorney(s) appearing for the Case

Counsel.**

Matt Adams (argued), Northwest Immigrant Rights Project, Seattle, WA, for the petitioner-appellant.

Gjon Juncaj (argued), Department of Justice, Office of Immigration Litigation, Washington, DC; Jeffrey C. Sullivan, United States Attorney, Priscilla To-Yin Chan, Assistant United States Attorney, Western District of Washington, Seattle, WA, for the respondents-appellees.

Judy Rabinovitz, ACLU Foundation, New York, NY; Cecillia D. Wang, ACLU Foundation, San Francisco, CA; Ahilan T. Arulanantham, Ranjana Natarajan, ACLU Foundation of Southern California, Los Angeles, CA; Jayashri Srikantiah, Stanford Law School Immigrants' Rights Clinic, Stanford, CA, for amicus curiae American Civil Liberties Foundation and American Civil Liberties Union Foundation of Southern California.

Rachael Keast, Florence Immigrant and Refugee Rights Project, Florence, AZ; Nancy Morawetz, Heidi Altman, Mandy Hu, Washington Square Legal Services, Inc., New York, NY, for amicus curiae Florence Immigrant and Refugee Rights Project, et al.

Before: JEROME FARRIS, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.


FISHER, Circuit Judge:

This appeal from the district court's denial of Jose Manuel Prieto-Romero's habeas corpus petition concerns whether the government may continue to detain a legal permanent resident of the United States for over three years while he seeks administrative and judicial review of his removal order. We hold that this continued civil detention, although lengthy, is authorized by statute, and so we affirm the district court.

The facts of this...

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