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SMITH v. U.S. CUSTOMS AND BORDER PROTECTION

No. 11-35556.

741 F.3d 1016 (2014)

John R.G. SMITH, Petitioner-Appellant, v. UNITED STATES CUSTOMS AND BORDER PROTECTION; U.S. Department of Homeland Security; Alan Bersin, Commissioner of U.S. Customs and Border Protection; Michele James, Seattle Field Office Director U.S. Customs and Border Protection; Janet A. Napolitano, Secretary of Department of Homeland Security, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2014.

Attorney(s) appearing for the Case

Robert Pauw (argued), Gibbs Houston Pauw, Seattle, Washington; Lee Gelernt (argued) and Dror Ladin, American Civil Liberties Union Immigrants' Rights Project, New York, New York, for Plaintiff-Appellant.

Erez Reuveni (argued), Trial Attorney, United States Department of Justice, Office of Immigration Litigation; Tony West, Assistant Attorney General, Civil Division; William H. Orrick, III, Deputy Assistant Attorney General; David J. Kline, Director, Office of Immigration Litigation, District Court Section, Washington, D.C., for Respondents-Appellees.

Greg Boos, Cascadia Cross-Border Law, Bellingham, Washington, for Amici Curiae Bellingham/Whatcom Chamber of Commerce, British Columbia Chamber of Commerce, Northwest Economic Council, and Pacific Corridor Enterprise Council.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

This case asks us to consider whether a Canadian arriving at the border and subjected to expedited removal but never detained is entitled to habeas relief, under either the traditional habeas structure, 28 U.S.C. § 2241, or the more limited regime applicable to expedited removal orders, 8 U.S.C. § 1252(e)(2). John Smith was ordered removed when customs officials determined...

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