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    Hu v. INS, 4th Cir. (2004)

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    This document summarizes a United States Court of Appeals case regarding the detention of Min Hu, an alien, by the U.S. government pending a decision on removal from the country. The district court had ruled Hu's detention without a bond hearing was unconstitutional and ordered the government to provide a hearing. However, the appeals court dismissed the appeal, vacated the district court order, and remanded the case with instructions to dismiss, as both parties now agreed the case was moot due to recent events. The appeals court took no position on the merits of the government's original appeal.

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    Public Domain
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    Hu v. INS, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    20 views2 pages
    This document summarizes a United States Court of Appeals case regarding the detention of Min Hu, an alien, by the U.S. government pending a decision on removal from the country. The district court had ruled Hu's detention without a bond hearing was unconstitutional and ordered the government to provide a hearing. However, the appeals court dismissed the appeal, vacated the district court order, and remanded the case with instructions to dismiss, as both parties now agreed the case was moot due to recent events. The appeals court took no position on the merits of the government's original appeal.

    Original Description:

    Filed: 2004-03-26 Precedential Status: Non-Precedential Docket: 01-7587

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    This document summarizes a United States Court of Appeals case regarding the detention of Min Hu, an alien, by the U.S. government pending a decision on removal from the country. The district court had ruled Hu's detention without a bond hearing was unconstitutional and ordered the government to provide a hearing. However, the appeals court dismissed the appeal, vacated the district court order, and remanded the case with instructions to dismiss, as both parties now agreed the case was moot due to recent events. The appeals court took no position on the merits of the government's original appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    20 views2 pages

    Hu v. INS, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case regarding the detention of Min Hu, an alien, by the U.S. government pending a decision on removal from the country. The district court had ruled Hu's detention without a bond hearing was unconstitutional and ordered the government to provide a hearing. However, the appeals court dismissed the appeal, vacated the district court order, and remanded the case with instructions to dismiss, as both parties now agreed the case was moot due to recent events. The appeals court took no position on the merits of the government's original appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7587

    MIN HU,
    Petitioner - Appellee,
    versus
    JOHN ASHCROFT, Attorney General, Department of
    Justice; DOUGLAS C. DEVENYNS, Warden, Wicomico
    County Detention Center,
    Respondents - Appellants.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA01-981-CCB)

    Submitted:

    February 19, 2004

    Decided:

    March 26, 2004

    Before WILKINS, Chief Judge, MICHAEL, Circuit Judge, and HAMILTON,


    Senior Circuit Judge.

    Dismissed, vacated, and remanded by unpublished per curiam opinion.

    Robert D. McCallum, Jr., Assistant Attorney General, Civil


    Division, Emily Anne Radford, Assistant Director, Michele Y. F.
    Sarko, Attorney, Office of Immigration Litigation, Civil Division,
    UNITED STATES JUSTICE DEPARTMENT, Washington, D.C., for Appellants.
    Thomas A. Elliot, Fabienne Chatain, ELLIOT & MAYOCK, Washington,
    D.C., for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    This case concerns the Governments* continuing authority
    to

    detain

    Min

    Hu

    without

    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 to be removed
    from the United States.
    order

    holding

    that

    The Government appeals a district court

    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
    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 (1997).

    In so doing,

    we take no position on the merits of the Governments 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.
    2

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