Adam Pelich v. Immigration and Naturalization Service Adele J. Fasano, District Director, for the San Diego District

We are aware of the proscription against indefinite detention articulated in Zadvy-das v. Davis, 533 U.S. 678 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001). However, Petitioner’s detention in this case is indefinite only because he refuses to cooperate with the Immigration and Naturalization Service’s (“INS”) efforts to remove him. In such a circumstance, Petitioner has no cause to complain; we thus AFFIRM the district court’s denial of Appellant’s habeas petition.

I.

BACKGROUND

Adam Pelich (“Pelich”) was born on January 3, 1957, in Brzeg, Poland. In September 1981, he fled Poland to a refugee camp in Austria. Shortly thereafter, he applied for refugee status in the United States. In that application, he identified himself as a Polish national. The application was approved on March 25, 1982, and Pelich entered the United States as a refugee on April 15,1982.

On May 12, 1983, Pelich submitted his application for lawful permanent resident status, stating that he was a German national. Pelich also averred that his father was born in Germany, and that he did not know his mother’s place of birth. His application reflected his mother’s residence as Brzeg, Poland, and that his…