81 F. App'x 475

Juan Alberto MORA-RUEDA, Petitioner-Appellant, v. BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT; John Ashcroft, U.S. Attorney General; Ernest Chandler, Warden, Respondents-Appellees.

No. 03-40094

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 19, 2003.

Juan Alberto Mora-Rueda, pro se, Beaumont, TX, for Petitioner-Appellant.

Michael Wayne Lockhart, US Attorney’s Office, Beaumont, TX, for Respondent-Appellee.

Before SMITH, DEMOSS and STEWART, Circuit Judges.

PER CURIAM:*

Juan Alberto Mora-Rueda, immigration detainee # 00125-129, appeals the district court’s denial of his 21 U.S.C. § 2241 habeas petition challenging the right of the Immigration and Naturalization Service to detain him indefinitely in light of the Supreme Court decision in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001). Mora-Rueda is an excludable alien who is a Cuban national.

*476In Zadvydas, the Supreme Court set up a framework in which a deportable alien could establish the unreasonableness of his continued detention and obtain his release, albeit supervised, in a habeas corpus proceeding under 28 U.S.C. § 2241. Id. at 701. Mora-Rueda’s argument that Zadvydas should apply equally to excludable aliens like himself is foreclosed by this court’s decision in Rios v. INS, 324 F.3d 296, 296 (5th Cir.2003). Instead, this court’s holding in Gisbert v. U.S. Atty. Gen., 988 F.2d 1437, 1440-47 (5th Cir.), amended by Gisbert v. U.S. Atty. Gen., 997 F.2d 1122 (5th Cir.1993), that there are no time limits on the detention of excluded aliens who have been denied entry, governs Mora-Rueda’s petition. See Rios, 324 F.3d at 296. The district court did not err in denying the petition.

AFFIRMED.

Mora-Rueda v. Bureau of Immigration & Customs Enforcement
81 F. App'x 475

Case Details

Name
Mora-Rueda v. Bureau of Immigration & Customs Enforcement
Decision Date
Nov 19, 2003
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81 F. App'x 475

Jurisdiction
United States

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