Legal Opinion
Chi Thon Ngo A/K/A David Lam v. Immigration and Naturalization Service
Court of Appeals for the Third Circuit
Decided September 24, 1999No. 97-1419PublishedCited by 119 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The issue in this appeal is whether ex-cludable aliens who have committed serious crimes in this country may be detained in custody for prolonged periods when the country of origin refuses to allow the individual’s return. We conclude that such detention is permitted by the relevant statutes, and is constitutional if the government provides individualized periodic review of the alien’s eligibility for release on parole. Because petitioner did not receive the necessary rigorous review, we will grant a writ of habeas corpus subject to the right of the…
2Cases cited25 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Addington v. TexasSupreme Court of the United States · 1979
- Reno v. FloresSupreme Court of the United States · 1993
- Kansas v. HendricksSupreme Court of the United States · 1997
- Mathews v. DiazSupreme Court of the United States · 1976
20 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- 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
- United States v. GonzalezCourt of Appeals for the First Circuit · 2000
- Kwai Fun Wong v. United StatesCourt of Appeals for the Ninth Circuit · 2004
- Everald Wilson v. John Ashcroft, United States Attorney General Immigration & Naturalization Service Warden of York County Prison, York, PaCourt of Appeals for the Third Circuit · 2003
- Kwai Fun Wong v. United StatesCourt of Appeals for the Ninth Circuit · 2004
114 more not listed; retrieve them via the Exa API.