Luis L. Armentero v. Immigration and Naturalization Service

BERZON, Circuit Judge.

Luis Armentero, an excludable alien, contends that his potentially indefinite detention by the Immigration and Naturalization Service (“INS”) is unlawful under Zadvydas v. INS, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), as interpreted by this court’s decision in Xi v. INS, 298 F.3d 832 (9th Cir.2002). The INS is named as sole respondent in Armentero’s habeas petition. We do not reach the merits of the habeas petition because we conclude that the INS is not an appropriate respondent in these proceedings. We therefore remand to the district court with…