Zheng v. INS
This text of Zheng v. INS (Zheng v. INS) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 28, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk
No. 02-30766 Summary Calendar
TING XUN ZHENG,
Plaintiff-Appellant,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Defendant-Appellee.
-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 02-CV-525 --------------------
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ting Xun Zheng (“Zheng”), an excludable alien who is a
citizen of the People’s Republic of China, appeals the district
court’s denial of his 28 U.S.C. § 2241 petition in which he
challenged 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 (2001).
In Zadvydas, the Supreme Court set up a framework in which
a deportable alien could establish the unreasonableness of his
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 02-30766 -2-
continued detention and obtain his release, albeit supervised,
in a habeas corpus proceeding under 28 U.S.C. § 2241. 533 U.S.
at 701. Zheng’s argument that Zadvydas should apply equally to
excludable aliens like himself is now foreclosed by this court’s
decision in Rios v. INS, ___ F.3d ___ (5th Cir. Jan. 28, 2003,
No. 02-40766), 2003 WL 734159 at *1. 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 Zheng’s
petition. See Rios, 2003 WL 734159 at *1.
Zheng has also moved for the appointment of counsel.
In light of the foregoing, that motion is denied.
JUDGMENT AFFIRMED; MOTION DENIED.
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