Phong Doan v. Immigration and Naturalization Service

OPINION

SCHROEDER, Chief Judge.

Appellant Phong Doan is a Vietnamese national who has been ordered removed to Vietnam because of two felony convictions. Vietnam will not take him back. In Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), the Supreme Court held that the INS is not authorized to detain removable aliens past the presumptive six month period once removal is no longer reasonably foreseeable. Id. at 699-701, 121 S.Ct. 2491. The INS therefore released Doan but imposed certain conditions on that release including the posting of a $10,000 bond.

Doan brought this…