Nadarajah v. Gonzales

Nadarajah (plaintiff), tortured in Sri Lanka before fleeing to the U.S., was granted asylum by an immigration judge and the Board of Immigration Appeals, but the Board later reopened the case at DHS's request, delays followed from an unavailable witness, and although the immigration judge reinstated the asylum grant (affirmed by the Board but referred to the Attorney General), Nadarajah was never released on parole and remained detained for nearly five years; he petitioned for habeas corpus, which the district court denied, and he appealed to the Ninth Circuit.