Legal Opinion
Tijani v. Willis
Court of Appeals for the Ninth Circuit
Decided December 12, 2005No. 04-55285PublishedCited by 67 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
As of today’s date, Tijani has been deprived of his liberty by the government for a period of over two years and eight months. ' This deprivation has been inflicted not as the result of any adjudication of crime but as a bureaucratic application of the authority conferred on the Attorney General by 8 U.S.C. § 1226(c). Despite the substantial powers that Congress may exercise in regard to aliens, it is constitutionally doubtful that Congress may authorize imprisonment of this duration for lawfully admitted resident aliens who are subject to removal. See Zadvydas v. Davis,…
2Cases cited3 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Demore v. KimSupreme Court of the United States · 2003
- Cooper v. OklahomaSupreme Court of the United States · 1996
3Cited by67 opinions
- Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
- Prieto-Romero v. ClarkCourt of Appeals for the Ninth Circuit · 2008
- Alejandro Rodriguez v. James HayesCourt of Appeals for the Ninth Circuit · 2009
- Diop v. Ice/Homeland SecurityCourt of Appeals for the Third Circuit · 2011
- Alejandro Rodriguez v. Timothy RobbinsCourt of Appeals for the Ninth Circuit · 2013
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