Nyynkpao BANYEE, Petitioner-Appellee
v.
Merrick B. GARLAND, U.S. Attorney General; Alejandro Mayorkas, Secretary, Department of Homeland Security; Tae D. Johnson, Acting Director, Immigration and Customs Enforcement; Marcos Charles, Director, St. Paul Field Office Immigration and Customs Enforcement Respondents-Appellants
Eric Holien, Sheriff, Kandiyohi County Respondent.
Constitutional Accountability Center; State of Minnesota; American Immigration Council; National Immigration Project of the National Lawyers Guild; Retired Immigration Judges and Board of Immigration Appeal Members, Amici on Behalf of Appellee(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: February 15, 2024.
Filed: September 17, 2024.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellants and appeared on the brief was Courtney Elizabeth Moran U.S. Dept. of Justice, Office of Immigration Litigation, of Washington, DC. The following attorney(s) also appeared on the appellants' brief; Sarah Tate Chambers, U.S. Dept. of Justice, of Washington, DC.
Counsel who presented argument on behalf of the appellee and appeared on the brief was My Khanh Ngo, of San Francisco, CA. The following attorney(s) also appeared on the appellee brief; Judy Rabinovitz, of New York, NY, Teresa Nelson, of Minneapolis, MN, John Robert Bruning, of Minneapolis, MN, Ian Bratlie, of Mankato, MN., Anand Balakrishnan, of New York, NY.
The following attorney(s) appeared on the amicus brief of Constitutional Accountability Center on behalf of appellee; Elizabeth B. Wydra, of Washington, DC, Brianne Jenna Gorod, of Washington, DC, Brian R. Frazelle, of Washington, DC, Smita Ghosh, of Washington, DC.
The following attorney(s) appeared on the amicus brief of the State of Minnesota on behalf of appellee; Jennifer Lee Olson, AAG, of Saint Paul, MN.
The following attorney(s) appeared on the amicus brief of American Immigration Council and National Immigration Project of the National Lawyers Guild on behalf of appellee; Katherine E.M. Goettel, of Iowa City, IA, Suchita D. Mathur, of Washington, DC.
The following attorney(s) appeared on the amicus brief of Retired Immigration Judges and Board of Immigration Appeal Members on behalf of appellee; James J. Beha, II, of New York, NY.
Before BENTON, GRASZ, and STRAS, Circuit Judges.
STRAS, Circuit Judge.
Nyynkpao Banyee was released after the district court determined that a year spent in custody waiting for "a decision on whether" he was "to be removed from the United States" was too long. 8 U.S.C. § 1226(a). Due process imposes no time limit on detention pending deportation, however, so we reverse.
I.
...
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