Ali v. Gonzales

421 F.3d 795 Yusuf Ali ALI; Mohamed Aweys; Mohamed Hussein Hundiye; Gama Kalif Mohamud, Petitioners-Appellees, v. Alberto R. GONZALES, * 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. Opinion Filed September 17, 2003. Opinion Withdrawn and Order Filed August 26, 2005. Greg D. Mack, Civil Division, U.S. Department of Justice, Washington, DC, for the respondents-appellants. Nicholas P. Gellert, Perkins Coie LLP, Seattle, WA, 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. 02-2304 MJP. Before REAVLEY, ** TASHIMA, and PAEZ, Circuit Judges. ORDER 1 In Ali v. Ashcroft, 346 F.3d 873 (9th Cir.2003), we held that the United States cannot remove aliens to Somalia because 8 U.S.C. § 1231 does not permit removal if the country does not have a functioning government to accept the aliens. Id. at 876 . We also held that the Attorney General was the proper respondent in the habeas petition because of his unique role as…