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DIOUF v. MUKASEY

Nos. 07-55337, 08-55504.

542 F.3d 1222 (2008)

Amadou Lamine DIOUF, Petitioner-Appellee, v. Michael B. MUKASEY, Attorney General, Respondent-Appellant. Amadou Lamine Diouf, Petitioner-Appellee, v. Michael B. Mukasey, Attorney General; Michael Chertoff, Secretary, Department of Homeland Security; Julie L. Myers, Assistant Secretary, United States Immigration and Customs Enforcement; Norma Bonales-Garibay Field Officer Director, U.S. Immigration and Customs Enforcement; George Molinar, Chief of Detention and Removal Operations, San Pedro Detention Facility; Stuart Cortez Officer-in-Charge, San Pedro Detention Facility, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2008.

Attorney(s) appearing for the Case

Gjon Juncaj, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C.; Thomas H. Dupree, Jr., U.S. Department of Justice, Washington, D.C., for the respondents-appellants.

Cecillia D. Wang, ACLU Foundation, Immigrants' Rights Project, San Francisco, CA; Ahilan T. Arulanantham, ACLU Foundation of Southern California, Los Angeles, CA, for the petitioner-appellee.

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

MILAN D. SMITH, JR., Circuit Judge:

This consolidated appeal addresses whether the length of an alien's detention under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq., entitled him to the writ of habeas corpus under 28 U.S.C. § 2241 and Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001). The appeal also addresses whether the...

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