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OWINO v. NAPOLITANO

No. 08-56392.

575 F.3d 952 (2009)

Sylvester OWINO, Sylvester Otieno-Owino, Petitioner-Appellant, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security; Eric H. Holder Jr., Attorney General, Attorney General; Robin Baker, Director of San Diego Field Office U.S. Immigration and Customs Enforcement; John A. Garzon Officer-In-Charge, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2009.

Attorney(s) appearing for the Case

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for petitioner-appellant.

Karen P. Hewitt, United States Attorney; Tom Stahl, Assistant United States Attorney, Chief, Civil Division; Samuel W. Bettwy (argued), Assistant United States Attorney, San Diego, CA, for respondent-appellees.

Before BETTY B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.

PER CURIAM.

Sylvester Owino, a native and citizen of Kenya, has been civilly detained by the Department of Homeland Security ("DHS") since November 7, 2005, during which time Owino has been challenging the government's efforts to remove him from the United States. Owino appeals the district court's denial of his habeas petition under 28 U.S.C. § 2241. He argues that his continuing detention has become illegal under Zadvydas v. Davis, 533...

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