Singh v. U.S. Attorney General, No. 18-12915 (11th Cir. 2019)
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Petitioner, a citizen of India, appealed from the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2241. Petitioner has been in ICE custody for 31 months and argued that he was entitled to release under the Supreme Court's ruling in Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491 (2001). In Zadvydas, the Supreme Court held that the Constitution limits detention of lawfully-admitted noncitizens under 8 U.S.C. 1231(a)(6) to a period reasonably necessary to bring about the alien's removal and does not permit indefinite detention.
The Eleventh Circuit held that section 1231(a)(1)(C) requires that petitioner return the incomplete travel document application in bad faith, i.e., petitioner intentionally withheld the necessary information in order to apply. In this case, the court could not evaluate whether petitioner's removal period had been extended by operation of section 1231(a)(1)(C). Because there was insufficient evidence to evaluate the district court's denial of the petition for habeas relief, the court reversed and remanded.
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