In Re Indefinite Detention Cases

HATTER, Chief Judge.

These petitions for writs of habeas corpus were brought by aliens subject to deportation orders and awaiting repatriation. The Petitioners have challenged their indefinite detention by the Immigration and Naturalization Service ("INS") pending repatriation. Since the petitions raise common legal issues, they were reassigned to this Court and to the low number Magistrate Judge for each country of repatriation. A hearing was held and the Petitioners and the INS presented arguments on the common issues.

This Court has jurisdiction since it would be futile to require the Petitioners to exhaust their administrative remedies. Further, each Petitioner is entitled to a determination as to whether his or her individual substantive due process rights have been violated. The discussion below is to assist the Magistrate Judges in their determination.

This Court has jurisdiction under 28 U.S.C. § 2241 to consider the constitutionality of the Petitioners' detention. See Walters v. Reno, 145 F.3d 1032 (9th Cir. 1998); Sandoval v. Reno, 166 F.3d 225 (3d Cir.1999); Henderson v. INS, 157 F.3d 106 (2d Cir.1998), cert. denied, 525 U.S. ____ , 119 S.Ct. 1141 , 143 L.Ed.2d 209…