Legal Opinion
Diouf v. Napolitano
Court of Appeals for the Ninth Circuit
Decided March 7, 2011No. 09-56774PublishedCited by 217 opinions
1Opinion of the Court
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.
Background 1
Amadou Lamine Diouf, a citizen of Senegal, was admitted to the United States on a student visa in 1996. The visa expired in June 2002. In December 2002, Diouf was found in possession of less than 30 grams of marijuana and charged with a…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Demore v. KimSupreme Court of the United States · 2003
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3Cited by217 opinions
- Xochitl Hernandez v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2017
- Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
- Alejandro Rodriguez v. Timothy RobbinsCourt of Appeals for the Ninth Circuit · 2013
- Banda v. McAleenanDistrict Court, W.D. Washington · 2019
- Alejandro Rodriguez v. Timothy RobbinsCourt of Appeals for the Ninth Circuit · 2015
212 more not listed; retrieve them via the Exa API.