Phong Doan v. Immigration and Naturalization Service
Opinion
Opinion
Schroeder, J.
Appellant Phong Doan is a Vietnamese national who has been ordered removed to Vietnam because of two felony convictions. Vietnam will not take him back. In Zadvydas v. Davis, 533 U.S. 678 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001), the Supreme Court held that the INS is not authorized to detain removable aliens past the presumptive six month period once removal is no longer reasonably foreseeable. Id. at 699-701 , 121 S.Ct. 2491 . The INS therefore released Doan but imposed certain conditions on that release including the posting of a $10,000 bond.
Doan brought this action for an injunction in district court challenging the bond requirement. This is an appeal from the district court’s denial of that injunction. We affirm the district court. Although the statute authorizing terms of supervision, 8 U.S.C. § 1231 (a)(3) and (6), does not expressly authorize a bond, it does not exclude such a condition.
Moreover, a bond is well within the kinds of conditions contemplated by the Supreme Court in Zadvydas, 533 U.S. at 688-89, 695-96 , 121 S.Ct. 2491 , where the Court observed that 8 C.F.R. § 241.5 (2001) establishes conditions of release. Those conditions include the posting…