Quintero v. Bureau of Immigration & Custom Enforcement , 71 F. App'x 336 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 4, 2003
Charles R. Fulbruge III
Clerk
No. 03-30353
Summary Calendar
JORGE SMITH QUINTERO
Petitioner - Appellant
v.
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT
Respondent - Appellee
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1426
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Before KING, Chief Judge, and JOLLY and PRADO, Circuit Judges.
PER CURIAM:*
Petitioner, Jorge Smith Quintero, immigration detainee
# 03478-131, 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). Quintero is an excludable alien who is a Cuban national.
In Zadvydas, the Supreme Court set up a framework in which
a deportable alien could establish the unreasonableness of his
*
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that this opinion should not be published and is not precedent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.
No. 03-30353
-2-
continued detention and obtain his release, albeit supervised,
in a habeas corpus proceeding under 28 U.S.C. § 2241. Id. at
701. Qunitero’s argument that Zadvydas should apply equally to
excludable aliens like himself is foreclosed by this court’s
decision in Rios v. INS, 324 F.3d 296, 296 (5th Cir. 2003).
Instead, this court’s 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 governs Quintero’s petition. See Rios, 324 F.3d at 296.
The district court did not err in denying the petition.
AFFIRMED.