Legal Opinion
Tuan Thai, Also Known as Anh Tuan Thai, Also Known as Anh Thai Tuan v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided May 3, 2004No. 03-35626PublishedCited by 40 opinions
1Opinion of the Court
CLIFTON, Circuit Judge:
This case requires us to consider whether 8 U.S.C. § 1231(a)(6), as construed by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), authorizes the continued and potentially indefinite detention of an alien based on a determination that the alien’s mental illness makes him specially dangerous to the community. We conclude that the statute does not provide such authority-
When a removal order has been entered against an alien, § 1231(a)(6) authorizes the Government to detain that alien beyond the statutory removal period. The…
2Cases cited12 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Crowell v. BensonSupreme Court of the United States · 1932
- Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Taniguchi v. SchultzCourt of Appeals for the Ninth Circuit · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
- Hernandez-Carrera v. CarlsonCourt of Appeals for the Tenth Circuit · 2008
- Manuel Joaquin Oliveira Ferreira v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Tran v. MukaseyCourt of Appeals for the Fifth Circuit · 2008
- Hassoun v. SearlsCourt of Appeals for the Second Circuit · 2020
35 more not listed; retrieve them via the Exa API.