Luis L. Armentero v. Immigration and Naturalization Service

Luis Armentero, an excludable alien, contends that his potentially indefinite detention by the Immigration and Naturalization Service (“INS”) is unlawful under Zadvydas v. INS, 533 U.S. 678 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001), as interpreted by this court’s decision in Xi v. INS, 298 F.3d 832 (9th Cir.2002). The INS is named as sole respondent in Armentero’s habeas petition. We do not reach the merits of the habeas petition because we conclude that the INS is not an appropriate respondent in these proceedings. We therefore remand to the district court with instructions that it allow Armentero to amend his petition by joining the appropriate respondent.

BACKGROUND

As we decide only a procedural issue, we summarize the underlying circumstances briefly:

Luis Armentero, a native and citizen of Cuba, arrived at Key West, Florida as part of the Mariel Boatlift. He was paroled into the United States pursuant to INA § 212(d)(5)(A), 8 U.S.C. § 1182 (d)(5)(A). During his first five years in the United States, Armentero amassed a record of arrests, convictions, and brief jail stints, mostly for petty offenses. Then, on June 24, 1985, Armentero was convicted of violating § 261.2 of…