Gonzalez-Monterrey v. BICE ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 14, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-20860
Summary Calendar
EMILIO GONZALEZ-MONTERREY,
Petitioner-Appellant,
versus
BUREAU OF IMMIGRATION AND
CUSTOMS ENFORCEMENT,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(H-01-CV-3014)
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Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Emilio Gonzalez-Monterrey (“Gonzalez”),
immigration detainee number A24787029, appeals the district court’s
denial of his 21 U.S.C. § 2241 habeas petition challenging the
right of the Immigration and Naturalization Service to detain him
indefinitely in light of the Supreme Court decision in Zadvydas v.
Davis, 533 U.S. 678 (2001). Gonzalez is an excludable alien who is
a Cuban national.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
In Zadvydas, the Supreme Court set up a framework in which
a deportable alien could establish the unreasonableness of his
continued detention and obtain his release, albeit supervised, in a
habeas corpus proceeding under 28 U.S.C. § 2241. 533 U.S. at 701.
Gonzalez’s argument that Zadvydas should apply equally to
excludable aliens like himself is foreclosed by our decision in
Rios v. INS, ___ F.3d ___ (5th Cir. Jan. 28, 2003, No. 02-40766),
2003 WL 734159 at *1. Gonzalez’s petition is governed by our
holding in Gisbert v. U.S. Atty. Gen., 988 F.2d 1437, 1440-47 (5th
Cir.), amended by Gisbert v. U.S. Atty. Gen., 997 F.2d 1122 (5th
Cir. 1993), that there are no time limits on the detention of
excluded aliens who have been denied entry. See Rios, 2003 WL
734159 at *1. The district court did not err in denying the
petition.
AFFIRMED.