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Thompson v. Holder

United States Court of Appeals, Fifth Circuit
Mar 24, 2010
374 F. App'x 522 (5th Cir. 2010)

Opinion

No. 09-30557 Summary Calendar.

March 24, 2010.

George Ernest Thompson, Oakdale, LA, pro se.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 2.09-CV-154.

Before GARZA, CLEMENT, and OWEN, Circuit Judges.


George Ernest Thompson, A42 954 981, is a native and citizen of Ghana. After the Board of Immigration Appeals (BIA) affirmed an order of removal, Thompson filed a petition for review. Thompson v. Holder, No. 08-60199. We granted the Government's request to stay that case, pending our decision in Carachuri-Rosendo v. Mukasey, No. 07-61006, and further granted Thompson's request for a stay of removal. While his petition for review was pending, Thompson filed a 28 U.S.C. § 2241 petition in the district court challenging his continued detention. Thompson now appeals from the district court's denial of his § 2241 petition.

The district court found that Thompson's continued detention was not of an unconstitutionally indefinite duration and that his removal was reasonably foreseeable. Thompson's detention is neither indefinite nor potentially permanent as there is a certain end point to the proceedings related to his pending petition for review and as it appears reasonably likely that he will be removed in the foreseeable future if his petition is denied. See Zadvydas v. Davis, 533 U.S. 678, 701, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001); see also Demote v. Kim, 538 U.S. 510, 529-31, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003). Other than his own conclusory statements, Thompson has presented no evidence to suggest otherwise. See Zadvydas, 533 U.S. at 701, 121 S.Ct. 2491.

Accordingly, the district court is AFFIRMED.


Summaries of

Thompson v. Holder

United States Court of Appeals, Fifth Circuit
Mar 24, 2010
374 F. App'x 522 (5th Cir. 2010)
Case details for

Thompson v. Holder

Case Details

Full title:George Ernest THOMPSON, Petitioner-Appellant v. Eric H. HOLDER, Jr., U.S…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 24, 2010

Citations

374 F. App'x 522 (5th Cir. 2010)

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