Min Hu v. Ashcroft

U.S. Court of Appeals for the Fourth Circuit
Min Hu v. Ashcroft, 93 F. App'x 505 (4th Cir. 2004)

Min Hu v. Ashcroft

Opinion

PER CURIAM:

This case concerns the Government’s * continuing authority to detain Min Hu without a bond hearing pursuant to 8 U.S.C.A. § 1226 (West 1999), which governs the detention of an alien “pending a decision on whether the alien is tó be removed from the United States.” The Government appeals a district court order holding that such detention was unconstitutional and directing the Government to provide Hu with a bond hearing before an immigration judge. Because the parties agree, in light of recent events, that this case and appeal are moot, we dismiss the *506 appeal, vacate the district court order, and remand to the district court with instructions to dismiss the case. See Arizonans for Official English v. Arizona, 520 U.S. 43, 80, 117 S.Ct. 1055, 137 L.Ed.2d 170 (1997). In so doing, we take no position on the merits of the Government’s appeal.

DISMISSED, VACATED, AND REMANDED

*

Hu filed a petition for habeas corpus in which he named as Respondents the United States Immigration and Naturalization Service ("INS”), United States Attorney General John Ashcroft, INS Commissioner James W. Ziglar, District Director Louis D. Crocetti, Jr., of the Baltimore District of the INS, and Warden Douglas C. Devenyns of the Wicomico County Detention Center. We refer to Respondents as "the Government.”

Reference

Full Case Name
Min HU, Petitioner—Appellee, v. John ASHCROFT, Attorney General, Department of Justice; Douglas C. Devenyns, Warden, Wicomico County Detention Center, Respondents—Appellants
Status
Unpublished