Nguyen v. District Director
400 F.3d 255, 2005.C05.0000167
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Publisher Description
PUBLISHED Petitioners-Appellants Tuan Anh Nguyen and Joseph Boulais (collectively, ""Petitioners"") appeal the grant of summary judgment to the Government and the denial of Nguyen's 28 U.S.C. § 2241 petition for writ of habeas corpus. Petitioners argue the lower court erred in its determination that: (1) Nguyen did not have a due process right to discretionary relief from a removal order; (2) equitable estoppel was unavailable because the Immigration Naturalization Service (""INS"") did not purposefully delay the commencement of removal proceedings; and (3) Nguyen failed to show the INS's action prejudiced him. For the following reasons, we AFFIRM.