Perez-Garcia
Perez-Garcia v. Pontesso
Opinion
Lead Opinion
MEMORANDUM **
German Perez-Garcia, a Mariel Cuban in Immigration and Naturalization Service (“INS”) detention for over thirteen years, petitions for habeas corpus relief pursuant to 28 U.S.C. § 2241 . Perez-Garcia argues that he is entitled to a determination whether his removal to Cuba is reasonably foreseeable and, if it is not, that under *570 Zadvydas v. Davis, 538 U.S. 678 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001), he should be released. We deferred submission pending our decision in Marquez v. INS, 346 F.3d 892 (9th Cir.2003), which now controls this case. In Marquez , we held that the posf-IIRIRA presumptive six-month limit on the detention of admitted aliens ordered deported, and inadmissible aliens ordered removed, also applies to aliens ordered excluded under pre-IIRIRA law. Id. at 898-99 . Because under Marquez , Garcia is entitled to a determination whether his removal to Cuba is reasonably foreseeable, and if it is not, to conditional release, id. at 902 , we reverse the district court’s denial of Garcia’s habeas petition and remand for further proceedings consistent with our opinion in Marquez .