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Government Urges High Court To Take Alien Detention Case
The U.S. Supreme Court will soon consider a plea from the Bush Administration to review a lower court ruling that would force the government to release imprisoned illegal aliens with criminal records whose native countries don’t want them back. The case of Snyder v. Rosales-Garcia is on the Court’s private conference agenda. At the conference, the justices will determine whether to grant review in this case and a dozen others. The issue is a March 5th ruling by the 6th U.S. Circuit Court of Appeals that sided with Mario Rosales- Garcia and Reynero Carballo, Cuban nationals detained in 1980 trying to enter the United States. They had been deemed excludable, but various times they were released on parole. After accumulating criminal records in the U.S., their paroles were revoked and the government sought to deport them. Because Cuba refused to accept them, the Immigration and Naturalization Service detained them indefinitely. Their habeas corpus petitions challenging their imprisonment got a boost in 2001, when the Supreme Court handed down Zadvydas v. Davis. The ruling stated that permanent residents aliens who were ordered deported and could not be kept in prison for longer than six months while efforts were made to find a country that would receive them.
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