Nadarajah v. Gonzales

443 F.3d 1069 (2006)

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Nadarajah v. Gonzales

United States Court of Appeals for the Ninth Circuit
443 F.3d 1069 (2006)

  • Written by Christopher Bova, JD

Facts

Nadarajah (plaintiff) was tortured in his native Sri Lanka and fled to the United States and applied for asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge granted relief and the Board of Immigration Appeals affirmed. However, the Board of Immigration Appeals later granted the Department of Homeland Security’s motion to reopen the case. The new hearing was delayed due to an unavailable witness. The immigration judge reinstated the prior grant of asylum, which was affirmed by the Board but referred to the Attorney General. Nadarajah was not released on parole. As a result of these lengthy proceedings, Nadarajah was detained for nearly five years. He petitioned for a writ habeas corpus, but the district court denied his petition. He appealed the denial to the Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

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