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374 F. App'x 522

George Thompson v. Eric Holder

U.S. Courts of Appeals

Decided March 24, 2010

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U.S. Courts of Appeals · decided 2010-03-24

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Zadvydas v. Davis · Demore District Director San Francisco District of Immigration and Naturalization Service et al. v. Kim · Department of the Interior and Bureau of Indian Affairss v. Klamath Water Users Protective Association

Decided 2010-03-24

PER CURIAM: *

¶1 George Ernest Thompson, A42 954 981, is a native and citizen of Ghana. After the Board of Immigration Appeals (BIA) affirmed an order of removal, Thompson filed a petition for review. Thompson v. Holder, No. 08-60199. We granted the Government’s request to stay that case, pending our decision in Caraehuri-Rosen-do v. Mukasey, No. 07-61006, and further granted Thompson’s request for a stay of removal. While his petition for review was pending, Thompson filed a 28 U.S.C. § 2241 petition in the district court challenging his continued detention. Thompson now appeals from the district court’s denial of his § 2241 petition.

¶2 The district court found that Thompson’s continued detention was not of an unconstitutionally indefinite duration and that his removal was reasonably foreseeable. Thompson’s detention is neither indefinite nor potentially permanent as there is a certain end point to the proceedings related to his pending petition for review and as it appears reasonably likely that he will be removed in the foreseeable future if his petition is denied. See Zadvydas v. Davis, 533 U.S. 678, 701, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001); see also Demore v. Kim, 538 U.S. 510, 529-31, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003). Other than his own conclusory statements, Thompson has presented no evidence to suggest otherwise. See Zadvydas, 533 U.S. at 701, 121 S.Ct. 2491.

¶3 Accordingly, the district court is AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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