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DIOUF v. NAPOLITANO

No. 09-56774.

634 F.3d 1081 (2011)

Amadou Lamine DIOUF, Petitioner-Appellant, v. Janet NAPOLITANO, Secretary, Department of Homeland Security; Julie L. Myers, Assistant Secretary, United States Immigration and Customs Enforcement; Norma Bonales-Garibay, Field Office 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; Eric H. Holder Jr., Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2011.

Attorney(s) appearing for the Case

Judy Rabinovitz (argued), Farrin R. Anello and Tanaz Moghadam , ACLU Foundation Immigrants' Rights Project, New York, NY; Peter J. Eliasberg , Ahilan T. Arulanantham and Jennifer Stark , ACLU Foundation of Southern California, Los Angeles, CA; Cecillia D. Wang , ACLU Foundation Immigrants' Rights Project, San Francisco, CA; and Jayashri Srikantiah , Stanford Law School Immigrants' Rights Clinic, Stanford, CA, for the petitioner-appellant.

Theodore W. Atkinson (argued), Office of Immigration Litigation, Washington, D.C., Tony West , Assistant Attorney General, Civil Division, David J. Kline , Director, District Court Section, Office of Immigration Litigation, Victor M. Lawrence , Principal Assistant Director, and Gjon Juncaj , Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.

Charles Roth , National Immigrant Justice Center, Chicago, IL, for amicus curiae National Immigrant Justice Center.

Before: CYNTHIA HOLCOMB HALL, RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We hold that an individual facing prolonged immigration detention under 8 U.S.C. § 1231(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community. We accordingly reverse the district court's denial of petitioner's motion for a preliminary injunction.

BACKGROUND1

Amadou Lamine Diouf, a citizen of Senegal...

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