Silva

MEMORANDUM **

Francisco Socorro Silva, a Mariel Cuban in Immigration and Naturalization Service (“INS”) detention for over seven years, petitions for habeas corpus relief pursuant to 28 U.S.C. § 2241 . Silva argues that he is entitled to a determination whether his removal to Cuba is reasonably foreseeable and, if it is not, that under Zadvydas v. Davis, 533 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 posi-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 Silva is entitled to a determination whether his removal to Cuba is reasonably foreseeable, and if it is not, to a conditional release, id. at 902 , we reverse the district court’s denial of Silva’s habeas petition and remand for further proceedings consistent with our opinion in Marquez .

REVERSED and REMANDED.

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