01-1726 Hoyte-Mesa v. Ashcroft

By: dmc-admin//December 10, 2001//

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“Although Hoyte was adjudicated excludable, he was subsequently granted parole into the United States with certain conditions, including compliance with our laws. His breach of those conditions is sufficient to authorize his current detention. Cf. Zadvydas, 121 S. Ct. at 2501-02 (noting that a removable alien’s interest after six months’ detention would be limited to ‘supervision under release conditions that may not be violated’). Hoyte’s current incarceration therefore results not only from his excludable status, but also from his violation of parole conditions. Furthermore, the length of his detention now depends on the outcome of his annual parole review. Since Hoyte has access to this type of administrative review, the district court correctly concluded that Hoyte’s detention satisfies due process.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Per Curiam.

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