Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Alien subject to detention by the Immigration and Naturalization Service (INS) for over 13 years petitioned for habeas corpus relief. The United States District Court for the District of Arizona, Paul G. Rosenblatt, J., denied petition. Alien appealed. The Court of Appeals held that alien was entitled to a determination as to whether his removal to native country was reasonably foreseeable, and if it was not, to conditional release.
Reversed and remanded.
Appeal from the United States District Court for the District of Arizona, Paul G. Rosenblatt, District Judge, Presiding. D.C. No. CV-00-01481-PGR.
German Perez-Garcia, pro se, Phoenix, AZ, for Petitioner-Appellant.
Earle B. Wilson, Robbin K. Blaya, Esq., Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondent-Appellee.
Before: KLEINFELD, WARDLAW, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
German Perez-Garcia, a Mariel Cuban in Immigration and Naturalization Service ("INS") detention for over thirteen years, petitions for habeas corpus relief pursuant to 28 U.S.C. § 2241. Perez-Garcia argues that he is entitled to a determination whether his removal to Cuba is reasonably foreseeable and, if it is not, that under
Page 570.
Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), he should be released. We deferred submission pending our decision in Marquez v. INS, 346 F.3d 892 (9th Cir.2003), which now controls this case. In Marquez, we held that the post-IIRIRA presumptive six-month limit on the detention of admitted aliens ordered deported, and inadmissible aliens ordered removed, also applies to aliens ordered excluded under pre-IIRIRA law. Id. at 898-99. Because under Marquez, Garcia is entitled to a determination whether his removal to Cuba is reasonably foreseeable, and if it is not, to conditional release, id. at 902, we reverse the district court's denial of Garcia's habeas petition and remand for further proceedings consistent with our opinion in Marquez.
REVERSED AND REMANDED