Danh

Danh v. Demore

Good Law

59 F. Supp. 2d 994·99 Daily Journal DAR 10797·1999 WL 592240·1999 U.S. Dist. LEXIS 12127

United States District Court, Northern District of CaliforniaMay 28, 1999C99-1531FMSCalifornia5,541 words

Opinion

Smith, J.

ORDER GRANTING APPLICATION FOR WRIT OF HABEAS CORPUS; GRANTING MOTION TO VACATE APRIL 9, 1999 ORDER; VACATING JUDGMENT

INTRODUCTION

Pending before the Court is petitioners’ Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (the “Application”). By this Application, petitioners mount an “as applied” challenge to the constitutionality of Immigration and Nationality Act (“INA”) § 236(c) (codified at 8 U.S.C. § 1226 (c)). The Application requires the Court to determine (1) whether, as resident aliens, petitioners have a substantive due process right to freedom from arbitrary detention; (2) whether § 236(c) violates that right by requiring detention without possibility of bail for criminal aliens awaiting deportation; and (3) whether § 236(c) violates petitioners’ procedural due process right to a hearing “at a meaningful time and in a meaningful manner.” The Court finds that § 236 violates petitioners’ substantive and procedural due process rights. The Application is GRANTED.

BACKGROUND

Petitioners Nhoc Danh and Uong Ly are lawful permanent residents who arrived in this country in 1983 as refugees from Vietnam. They have seven children, aged eight to twenty-two…

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