Rosales-Garcia v. Holland.

PositionCuban aliens detention - Brief Article

U.S. Appeals Court

ALIEN

Rosales-Garcia v. Holland, 322 F.3d 386 (6th Cir. 2003). Two Cuban citizens filed a petition for a writ of habeas corpus alleging that their indefinite detention by the Immigration and Naturalization Service (INS) following revocation of their immigration parole violated their constitutional rights. The district court denied the petition and the aliens appealed. The appeals court reversed and remanded. The appeals court held that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) applied to the assessment of whether the aliens' detention violated statutory and constitutional law. The court found that the holding of Zadvydas v. Davis contains an...

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