Casas-Castrillon v. DHS
United States Court of Appeals for the Ninth Circuit
535 F.3d 942 (2008)
Casas-Castrillon (plaintiff), a legal permanent resident ordered removed for crimes involving moral turpitude, remained in federal detention for nearly seven years while pursuing appeals and review, including a court-ordered stay of removal that suspended the removal period under the relevant statute; he was never given a hearing to argue his detention was unnecessary because he posed no flight risk or danger. He filed a habeas petition against DHS (defendant), the district court denied it, and he appealed.
Whether the federal government may detain a legal permanent resident for a prolonged period during removal-related proceedings without providing a neutral forum to contest the necessity of that continued detention.