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TRAN v. MUKASEY

No. 06-30361.

515 F.3d 478 (2008)

Ha TRAN, Petitioner-Appellee, v. Michael B. MUKASEY, U.S. Attorney General; James W. Ziglar; Craig Robinson; United States Immigration and Customs Enforcement; United States Department of Homeland Security, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

January 28, 2008.

Attorney(s) appearing for the Case

Robin Lisa Goldfaden, Am. Civ. Lib. Union, Immigrants' Rights Project, San Francisco, CA, Judy Rabinovitz, Am. Civ. Lib. Union, New York City, for Tran.

C. Barrington Wilkins, U.S. Dept. of Justice, OIL, Washington, DC, for Respondents-Appellants.

Before JONES, Chief Judge, and DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Respondents-Appellants United States Attorney General Michael Mukasey, the Department of Homeland Security/Bureau of Immigration Customs Enforcement ("BICE"), BICE Commissioner James W. Ziglar, and BICE Louisiana Field Officer Craig Robinson (hereinafter "the Government") challenge the district court's grant of habeas relief to Ha Tran. To resolve this issue, we must determine whether 8 U.S.C. § 1231(a)(6), as construed by the...

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