Date Posted: January 22, 2010 by legalrequest
Petition for Habeas Corpus to California District Court
Petition for Habeas Corpus to California District Court invoking a Zadvydas claim (Zadvydas v. Davis, 533 U.S. 678 (2001)). Petitioner was in immigration custody beyond what is constitutionally permitted after the immigration court’s final judicial review of the administrative court’s final order of deportation. Arguments: 1) PETITIONER’S DUE PROCESS RIGHTS ARE VIOLATED 2) PETITIONER’S REMOVAL FROM THE UNITED STATES IS NOT REASONABLY FORESEEABLE AND THEREFORE HIS DETENTION IS NO LONGER AUTHORIZED BY STATUTE. The petition was successful.