Holmes v. Summit Cty. Sheriff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the detainee was partially responsible for the delay because he “applied for cancellation of removal and for change of status” and requested that a hearing be rescheduled”
• noting that the petitioner’s detention was lengthened due to “the INS ... drag[ging] its heels indefinitely in making a decision”
• noting that the petitioner’s detention was lengthened due to “the INS drag[ging] its heels indefinitely in making a decision”
• noting that the habeas approach raises “a question of institutional competence” since “federal courts are obviously less well situated to know how much time is required to bring a removal proceeding to conclusion”
• observing that an alien is not responsible for the ordinary delays caused by appeals
• holding alien’s detention unreasonable where there was “no chance of actual, final removal” because his home country, Vietnam, “has not and does not accept deportees because there is no repatriation agreement”

Source: CourtListener parenthetical corpus (CC0).