Agyeman
Agyeman v. INS Assistant District Director Coachman
Opinion
Lead Opinion
MEMORANDUM *
Emmanuel Senyo Agyeman, a native and citizen of Ghana, appeals pro se the district court’s order denying his 28 U.S.C. § 2241 habeas corpus petition challenging his detention by the Immigration and Naturalization Service (INS). The government contends the Attorney General is authorized to continue Agyeman’s detention during the pendancy of his removal proceedings pursuant to INA § 236(a). We have jurisdiction over this timely appeal under 28 U.S.C. § 2253 and, after de novo review, we affirm. Even though Agyeman has been detained by the INS for over six years, his detention is constitutionally valid.
ANALYSIS
A. Mootness
As a preliminary matter, the government argues that Agyeman’s petition should be dismissed as moot. It asserts that Agyeman’s habeas petition challenged only his detention under the post-removal order detention provisions of INA § 241, 8 U.S.C. § 1231 , which no longer govern his detention since this court vacated and remanded the board’s decision on September 17, 2002, in Agyeman v. INS, 296 F.3d 871 (9th Cir.2002). This argument is merit-less; § 241 never governed Agyeman’s detention.
*693 INA § 241(a)(2), 8 U.S.C. § 1231 (a)(2) provides: