Nadarajah v. Gonzales case brief

Nadarajah v. Gonzales case brief summary
443 F.3d 1069 (2006)

CASE SYNOPSIS

Petitioner alien filed a petition for a writ of habeas corpus for his release while the grant of his application for asylum and withholding of removal was appealed by respondent government. The United States District Court for the Southern District of California denied the petition for habeas corpus. The government denied the alien parole. The alien appealed and moved for release pending appeal.

CASE FACTS
The alien was tortured when he lived in Sri Lanka. He attempted to enter the United States through the Mexican border. The alien was granted asylum, withholding or removal and relief under the Convention against Torture. The government appealed to the Board of Immigration Appeals (BIA) and the BIA referred the case to the Attorney General for review as to whether he wished to exercise discretion and conduct de novo review authority.

DISCUSSION

• The BIA did not provide for the alien's release from detention, where he has remained. 
• The government asserted that the alien was a member of a terrorist group. The appellate court found that the government did not possess the authority under the general detention statutes to hold the alien indefinitely. 
• The five-year period of confinement of the alien who had not been charged with any crime, and who had won relief at every administrative level, was unreasonable. 
• The government abused its discretion in denying parole because the reasons it provided were not facially legitimate and bona fide. 
• Pursuant to Fed. R. App. P. 23(b) the court had authority to order the alien's release subject to conditions set by the government.

CONCLUSION

The denial of the petition for a writ of habeas corpus was reversed and the appellate court granted the alien's motion for immediate release subject to terms and conditions to be set by the appropriate delegate of the government.

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