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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision granting habeas corpus relief to Christian Kimbembe. The district court had held that a statute requiring mandatory detention of certain aliens during removal proceedings was unconstitutional on its face. However, the Fourth Circuit had recently ruled in another case that while the statute was not facially unconstitutional, it could be unconstitutional as applied in some cases. Therefore, the Fourth Circuit remanded the case back to the district court to reconsider its decision in light of the recent ruling and determine whether the statute was unconstitutional as applied to Kimbembe specifically.

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    Filed: 2002-09-27 Precedential Status: Non-Precedential Docket: 01-8015

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision granting habeas corpus relief to Christian Kimbembe. The district court had held that a statute requiring mandatory detention of certain aliens during removal proceedings was unconstitutional on its face. However, the Fourth Circuit had recently ruled in another case that while the statute was not facially unconstitutional, it could be unconstitutional as applied in some cases. Therefore, the Fourth Circuit remanded the case back to the district court to reconsider its decision in light of the recent ruling and determine whether the statute was unconstitutional as applied to Kimbembe specifically.

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    7 views2 pages

    Kimbembe v. INS, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision granting habeas corpus relief to Christian Kimbembe. The district court had held that a statute requiring mandatory detention of certain aliens during removal proceedings was unconstitutional on its face. However, the Fourth Circuit had recently ruled in another case that while the statute was not facially unconstitutional, it could be unconstitutional as applied in some cases. Therefore, the Fourth Circuit remanded the case back to the district court to reconsider its decision in light of the recent ruling and determine whether the statute was unconstitutional as applied to Kimbembe specifically.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    CHRISTIAN KIMBEMBE, A72 000 411,
    Petitioner-Appellee,
    v.
    U.S. IMMIGRATION & NATURALIZATION
    SERVICE; JOHN ASHCROFT,
    Respondents-Appellants.

    No. 01-8015

    Appeal from the United States District Court


    for the District of Maryland, at Baltimore.
    Frederic N. Smalkin, Chief District Judge.
    (CA-01-1881-S)
    Submitted: May 13, 2002
    Decided: September 27, 2002
    Before WIDENER, KING, and GREGORY, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    COUNSEL
    Robert D. McCallum, Jr., Assistant Attorney General, Emily Anne
    Radford, Brian G. Slocum, Office of Immigration Litigation, Civil
    Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Walter S. Booth, LAW OFFICES OF
    WALTER S. BOOTH, Bethesda, Maryland, for Appellee.

    KIMBEMBE v. INS

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    OPINION
    PER CURIAM:
    John Ashcroft, Attorney General of the United States, appeals the
    decision of the district court granting habeas corpus relief to Christian
    Kimbembe under 28 U.S.C. 2241 (2000). The district court held
    that 8 U.S.C. 1226(c) (2000), requiring detention without bail of
    certain categories of aliens during the pendency of removal proceedings, is unconstitutional on its face. The court ordered that Kimbembe
    receive a bond hearing before an immigration judge. The hearing was
    held, bond was set, and Kimbembe posted bond and was released
    from custody. In a recent decision we held that 1226(c) is not
    unconstitutional on its face, but that the statute violated due process
    as applied in that case. Welch v. Ashcroft, 293 F.3d 213 (4th Cir.
    2002).
    Because our decision in Welch was based on the particular facts of
    the case, we conclude that we must remand this case to the district
    court for further proceedings. After allowing any necessary development of the record, the district court should reconsider its decision
    under Welch and determine whether 1226(c) is unconstitutional as
    applied to Kimbembe. We vacate the decision of the district court and
    remand for further proceedings consistent with this opinion and with
    our decision in Welch. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.
    VACATED AND REMANDED

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