Mario Rosales-Garcia v. J.T. Holland, Warden, Reynero Arteaga Carballo v. Mark Luttrell, Warden Immigration and Naturalization Service
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Boyce F. Martin, Jr., C.J., Daughtrey, Cole, Clay, and Gilman, Jj„
BOGGS, J. (pp. 416-420), delivered a separate dissenting opinion, in which KRUPANSKY and BATCHELDER, JJ„ joined.
OPINION
MOORE, Circuit Judge.
Petitioners Mario Rosales-Garcia and Reynero Arteaga Carballo appeal the denials of their petitions for the writ of habeas corpus in the district courts. Both Petitioners, Cuban nationals who have been ordered removed from the United States, are currently in the indefinite and potentially permanent custody of the Immigration and Naturalization Service (“INS”) because Cuba refuses to allow them to return. In its recent decision in Zadvydas v. Davis, 533…
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