Zheng v. INS

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 28, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30766
Summary Calendar
TING XUN ZHENG,
Plaintiff-Appellant,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-525
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Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ting Xun Zheng (“Zheng”), an excludable alien who is a
citizen of the People’s Republic of China, appeals the district
court’s denial of his 28 U.S.C. § 2241 petition in which he
challenged the right of the Immigration and Naturalization
Service to detain him indefinitely in light of the Supreme Court
decision in Zadvydas v. Davis, 533 U.S. 678 (2001).
In Zadvydas, the Supreme Court set up a framework in which
a deportable alien could establish the unreasonableness of his

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continued detention and obtain his release, albeit supervised,
in a habeas corpus proceeding under 28 U.S.C. § 2241. 533 U.S.
at 701. Zheng’s argument that Zadvydas should apply equally to
excludable aliens like himself is now foreclosed by this court’s
decision in Rios v. INS, ___ F.3d ___ (5th Cir. Jan. 28, 2003,
No. 02-40766), 2003 WL 734159 at *1. Instead, this court’s
holding in Gisbert v. U.S. Atty. Gen., 988 F.2d 1437, 1440-47
(5th Cir.), amended by Gisbert v. U.S. Atty. Gen., 997 F.2d 1122
(5th Cir. 1993), that there are no time limits on the detention
of excluded aliens who have been denied entry, governs Zheng’s
petition. See Rios, 2003 WL 734159 at *1.
Zheng has also moved for the appointment of counsel.
In light of the foregoing, that motion is denied.
JUDGMENT AFFIRMED; MOTION DENIED.

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