Rosales-Garcia v. Holland.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 Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge habeas corpus judicial writ, writ - (law) a legal document issued by a court or judicial officer alleging that their indefinite detention by the Immigration and Naturalization Service Noun 1. Immigration and Naturalization Service - an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United States INS (INS INS abbr. 1. Immigration and Naturalization Service 2. International News Service Noun 1. INS ) following revocation of their immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. 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 IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ) 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 implicit reasonable time limitation, which applies to aliens who are removable on grounds of inadmissibility. The court held that even if the Davis holding did not apply to the two Cuban citizens who arrived as part of the Mariel boat lift in 1980, their indefinite detention independently raised due process concerns, such that an implicit six month reasonable-time limitation applied to them. (Immigration and Naturalization Service) |
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