Legal Opinion

Zadvydas v. Underdown

Court of Appeals for the Fifth Circuit

Decided August 11, 1999No. 97-31345PublishedCited by 64 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Petitioner-appellee Kestutis Zadvydas (Zadvydas) applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He alleged that since he is a stateless person and there is no possibility of effectuating his deportation to another country, his continued detention by respondents-appellants the Immigration and Naturalization Service (INS) and its district director (whose successor, Lynne Underdown, has been substituted as a party respondent-appellee) constitutes punishment without due process of law and thus violates his due process rights and international law. The…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  4. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  5. Kansas v. HendricksSupreme Court of the United States · 1997

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3Cited by64 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Hoeun Yong v. Immigration and Naturalization Service,opinionCourt of Appeals for the Ninth Circuit · 2000
  3. Mario Rosales-Garcia v. J.T. Holland, Warden, Reynero Arteaga Carballo v. Mark Luttrell, Warden Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 2003
  4. Xu Yong Lu v. John AshcroftCourt of Appeals for the Third Circuit · 2001
  5. Chi Thon Ngo A/K/A David Lam v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1999

59 more not listed; retrieve them via the Exa API.

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