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Keywords

motionhabeas corpusburden of proofleasebaildeportationcivil procedure
motionhabeas corpusburden of proofleasebaildeportationcivil procedure

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Khan v. Fasano

Facts

The detainee, a native of Pakistan, was subject to deportation due to a criminal conviction for possession of methamphetamine. He entered INS custody on April 14, 1999, and after a series of legal proceedings, the court granted his habeas corpus petition on October 26, 2001, ordering his release under reasonable conditions. However, the INS imposed a $3000 bail requirement, which he could not meet, leading to his continued detention. New facts presented by the INS indicated that there were no institutional barriers to his repatriation, contradicting the detainee's claims.

The detainee, a native of Pakistan, was subject to deportation due to a criminal conviction for possession of methamphetamine. He entered INS custody on April 14, 1999, and after a series of legal proceedings, the court granted his habeas corpus petition on October 26, 2001, ordering his release under reasonable conditions. However, the INS imposed a $3000 bail requirement, which he could not meet, leading to his continued detention. New facts presented by the INS indicated that there were no institutional barriers to his repatriation, contradicting the detainee's claims.

Issue

Whether the court should grant the detainee's motion to compel his release without bail and whether the INS's new findings regarding repatriation should alter the court's previous order.

Whether the court should grant the detainee's motion to compel his release without bail and whether the INS's new findings regarding repatriation should alter the court's previous order.

Rule

Under Federal Rule of Civil Procedure 59(e) and 60(b), a court may reconsider a final order if presented with newly discovered evidence, if there was clear error, or if there is an intervening change in the controlling law.

Under Federal Rule of Civil Procedure 59(e) and 60(b), a court may reconsider a final order if presented with newly discovered evidence, if there was clear error, or if there is an intervening change in the controlling law.

Analysis

The court applied the principles established in Zadvydas v. Davis, which state that post-removal detention is presumptively reasonable for six months. After this period, the burden is on the alien to demonstrate that there is no reasonable likelihood of repatriation. The INS provided new evidence showing that there were no institutional barriers to the detainee's repatriation, and the court found that the detainee did not meet his burden of proof.

The court applied the principles established in Zadvydas v. Davis, which state that post-removal detention is presumptively reasonable for six months. After this period, the burden is on the alien to demonstrate that there is no reasonable likelihood of repatriation. The INS provided new evidence showing that there were no institutional barriers to the detainee's repatriation, and the court found that the detainee did not meet his burden of proof.

Conclusion

The court granted the district director's motion to alter or amend the judgment, denied the detainee's petition for writ of habeas corpus, and denied the motion to compel.

The court granted the district director's motion to alter or amend the judgment, denied the detainee's petition for writ of habeas corpus, and denied the motion to compel.

Who won?

The district director prevailed in the case because the court found that the INS's new evidence regarding the likelihood of repatriation was credible and that the detainee failed to meet his burden of proof.

The district director prevailed in the case because the court found that the INS's new evidence regarding the likelihood of repatriation was credible and that the detainee failed to meet his burden of proof.

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