Decision date: 2024-03-11

On appeal of the dismissal of a petition for writ of habeas corpus, finding that civil detention during the pendency of ongoing withholding-only proceedings is lawful. Holding that although Vasquez Castaneda's detention exceeded the presumptively reasonable six-month period set forth in Zadvydas, it was finite. As to Vasquez Castaneda's due process claim, holding that the Zadvydas standard constitutes the test for a due process violation in the immigration detention context, and therefore denying relief on the same grounds. Finally, finding that Vasquez Castaneda did not prove exceptional circumstances sufficient to justify relief beyond that articulated in Zadvydas.

Publication Status: Published

Case judge: Agee, Niemeyer, Wilkinson

Decision: Vasquez Castaneda v. Perry, 95 F.4th 750 (4th Cir. 2024)