Habeas corpus.

• Position: Brief Article

U.S. Appeals Court

ALIEN

Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). A lawful permanent resident alien filed a habeas corpus petition challenging the no-bail provision of the Immigration and Nationality Act, under which he had been held for six months. The district court entered an order holding the statute unconstitutional on its face and directing the Immigration and Naturalization Service (INS) to hold a bail hearing. The government appealed and the appeals court affirmed, finding that the no-bail provision, as applied to the alien, violated the alien's due process right to an individualized determination of his...