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MARTINEZ-VAZQUEZ v. I.N.S.

No. 03-35026.

346 F.3d 903 (2003)

Gilberto MARTINEZ-VAZQUEZ, Petitioner-Appellee, v. IMMIGRATION and NATRUALIZATION SERVICE; John Ashcroft, Attorney General; Robert S. Coleman, Jr., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2003.

Attorney(s) appearing for the Case

Thomas W. Hillier, II, Jay W. Stansell, and Michelle Sweet, Federal Public Defenders, Seattle, WA, for the Petitioner-Appellee.

John Andre, United States Department of Justice, Washington, DC, for the Respondents-Appellants.

Before Arthur L. ALARCÓN, GOULD, and Richard R. CLIFTON, Circuit Judges.

Argued and Submitted August 7, 2003 — Seattle, Washington.

OPINION

GOULD, Circuit Judge:

We must decide whether former 8 U.S.C. § 1226(e) — a statutory provision Congress largely repealed1 in the Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") — authorizes the Immigration and Naturalization Service to continue detaining an inadmissible alien. We conclude that former §...

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