Legal Opinion

Shibeshi Lema v. U.S. Immigration and Naturalization Service John Ashcroft, Attorney General Robert S. Coleman, Jr.

Court of Appeals for the Ninth Circuit

Decided September 2, 2003No. 02-35901PublishedCited by 49 opinions

1Opinion of the Court

OPINION

GOULD, Circuit Judge.

In this appeal from the district court’s denial of a habeas corpus petition, we must decide whether the Immigration and Naturalization Service’s two-year continued detention of a removable alien is authorized by 8 U.S.C. § 1231(a)(1)(C) when the alien is refusing to cooperate fully with officials to secure travel documents from a foreign government. We hold that such an alien cannot meet his or her burden to show thereis no significant likelihood of removal in the reasonably foreseeable future and that the alien’s continued detention therefore is authorized. We…

2Cases cited8 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Kulvir Singh Barapind v. Janet Reno, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
  4. Adam Pelich v. Immigration and Naturalization Service Adele J. Fasano, District Director, for the San Diego DistrictCourt of Appeals for the Ninth Circuit · 2003
  5. Singh v. RenoCourt of Appeals for the Ninth Circuit · 1997

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

3Cited by49 opinions

  1. Prieto-Romero v. ClarkCourt of Appeals for the Ninth Circuit · 2008
  2. Alejandro Rodriguez v. James HayesCourt of Appeals for the Ninth Circuit · 2009
  3. Diouf v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  4. Singh v. WhitakerDistrict Court, W.D. New York · 2019
  5. Owino v. NapolitanoCourt of Appeals for the Ninth Circuit · 2009

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

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