Legal Opinion
Khotesouvan v. Morones
Court of Appeals for the Ninth Circuit
Decided October 27, 2004No. Nos. 04-35417, 04-35419, 04-35420, 04-35421, 04-35422PublishedCited by 60 opinions
1Opinion of the Court
HALL, Senior Circuit Judge.
This appeal presents the question whether the government may continue to detain an alien ordered removed who has been held in custody for fewer than 90 days, but whose removal is not reasonably foreseeable. We hold that an alien ordered removed whose removal is not reasonably foreseeable cannot raise a col-orable claim for release under the Due Process Clause of the Fifth Amendment until at least 90 days of detention have passed.
I.FACTS
The petitioners in this consolidated appeal are five aliens from Vietnam or Laos who were ordered removed from the United States in…
2Cases cited5 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Demore v. KimSupreme Court of the United States · 2003
- Joel White v. John Lambert, SuperintendentCourt of Appeals for the Ninth Circuit · 2004
- Dock McNeely v. Lou BlanasCourt of Appeals for the Ninth Circuit · 2003
- Nakaranurack v. United StatesCourt of Appeals for the Ninth Circuit · 1995
3Cited by60 opinions
- Prieto-Romero v. ClarkCourt of Appeals for the Ninth Circuit · 2008
- Miranda v. AnchondoCourt of Appeals for the Ninth Circuit · 2011
- Alejandro Rodriguez v. James HayesCourt of Appeals for the Ninth Circuit · 2009
- Diouf v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- United States v. LemoineCourt of Appeals for the Ninth Circuit · 2008
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