Ali v. Ashcroft

346 F.3d 873 Yusuf Ali ALI; Mohamed Aweys; Mohamed Hussein Hundiye; Gama Kalif Mohamud, Petitioners-Appellees, v. John ASHCROFT, Attorney General; Immigration and Naturalization Service; Robert S. Coleman, Jr., Respondents-Appellants. No. 03-35096. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 2003 — Seattle, Washington. Filed September 17, 2003. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Greg D. Mack, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondents-appellants. Nicholas P. Gellert, Perkins Coie LLP, Seattle, Washington, for the petitioners-appellees. Appeal from the United States District Court for the Western District of Washington; Marsha J. Pechman, District Judge, Presiding. D.C. No. CV 02-2304 MJP. Before: Thomas M. REAVLEY, * A. Wallace TASHIMA, and Richard A. PAEZ, Circuit Judges. Opinion by Judge Tashima; Dissent by Judge Reavley. OPINION TASHIMA, Circuit Judge. 1 The question we must answer is whether the United States can remove aliens to Somalia, a country that does not have a functioning government to accept them. In a well-reasoned opinion, the district court found that it cannot. See Ali…