Tijani v. Willis

430 F.3d 1241 Monsuru O. TIJANI, Petitioner-Appellant, v. Wayne K. WILLIS, Interim Director, Interior Immigration Enforcement, United States Department of Homeland Security; Caryl Thompson, OIC, Respondents-Appellees. No. 04-55285. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 10, 2005. Filed December 13, 2005. Steven A. Hirsch, Keker & Van Nest, LLP, San Francisco, CA, Lucas Guttentag, ACLU Immigrants' Rights Project, Oakland, CA, and Judy Rabinovitz, ACLU Immigrants' Rights Project, New York, NY, for the petitioner. Tom Stahl, and Ernest Cordero, Jr., Assistant United States Attorneys, San Diego, CA, for the respondents. Appeal from the United States District Court for the Southern District of California; William Q. Hayes, District Judge, Presiding. D.C. No. CV-03-01624-WQH/JFS. Before: NOONAN, TASHIMA, and CALLAHAN, Circuit Judges. NOONAN, Circuit Judge: As of today's date, Tijani has been deprived of his liberty by the government for a period of over two years and eight months. This deprivation has been inflicted not as the result of any adjudication of crime but as a bureaucratic application of the authority conferred on the Attorney General…