Zadvydas' resident alien status surely entitled him to greater procedural rights in the determination of whether he was entitled to remain in the United States than were granted the excludable aliens in those cases. 1227(a) (2), INA 237(a) (2), includes aliens, such as Zadvydas, convicted of an aggravated felony or a controlled substance violation.Article 1, section 8, clause 4 of the Constitution vests in Congress the power to "establish an uniform Rule of Naturalization." Fiallo v. Bell, 97 S. Ct. 1473, 1478 (1977) (quoting Shaughnessy v. United States ex rel. Zadvydas appealed that determination, but the Board of Immigration Appeals (BIA) affirmed the immigration judge.The Lithuanian government, in letters dated October 26, 1998, and March 25, 1999, indicated that Zadvydas might apply for citizenship, but would have to personally and formally request it, and present documentation of his parent's birth.
It says:The second case is that of Kim Ho Ma. See also Barrera-Echavarria v. Rison, 44 F.3d 1441, 1450 (9th Cir. The continued detention of Mariel Cubans thus did not constitute punishment without trial in violation of the aliens' substantive due process rights, even though there was no guarantee that deportation could be effectuated in the near future.Zadvydas attempts to distinguish Gisbert and Mezei on the ground that he is a resident alien, and thus is entitled to a greater degree of substantive due process protection than the excludable aliens in those cases. Nor is it clear that the Dominican situation has been fully explored. The INS kept Zadvydas in custody after expiration of the removal period.
Zadvydas could be removed. When he was two, his family fled, taking him to refugee camps in Thailand and the Philippines and eventually to the United States, where he has lived as a resident alien since the age of seven. But we believe that courts can take appropriate account of such matters without abdicating their legal responsibility to review the lawfulness of an alien’s continued detention.We consider two separate instances of detention. Whether the party to be deported is an excludable or a former resident, theUnited States has properly made its decision and earnestly wishes-if for no other reason than to save the cost of detention-to deport the detainee. Brief for Respondents in No. AO 242 (Rev. "Proceedings to exclude or expel would be in vain if those accused could not be held in custody pending the inquiry into their true character, and while arrangements were being made for their deportation." In February 1997 the magistrate judge recommended denial of Zadvydas' habeas petition. See Gisbert v. U.S. Attorney General, 988 F.2d 1437, 1448 (5th Cir.
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