Daniel Benitez v. Robert Wallis

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before DUBINA, BLACK and HULL, Circuit Judges. HULL, Circuit Judge:

Daniel Benitez, a native and citizen of Cuba, is an inadmissible alien who brought a § 2241 petition challenging his immigration detention. The district court concluded that the INS’s determinations that Ben-itez posed a danger to the community and was likely to engage in further violent behavior were facially legitimate and bona fide reasons to detain Benitez until removal to Cuba was possible. Consequently, the district court denied Benitez’s § 2241 petition. This Court…