Immigration Law Clinic Students Prevail in Ninth Circuit Decision

In an impressive victory for the UC Davis School of Law Immigration Law Clinic, the Ninth Circuit Court of Appeals issued a published decision November 10, 2008 embracing arguments submitted by King Hall students.

On October 20, Professor Holly Cooper and student Carolyn Hsu '09 presented oral arguments before the Ninth Circuit representing a man with a colorable claim to U.S. citizenship detained by the Department of Homeland Security.  Appearing on behalf of the King Hall Immigrant Detention Project-a collaboration of the Civil Rights Clinic, Immigration Law Clinic, and Prison Law Clinic-Hsu urged the Court of Appeals to overturn the District Court ruling finding no habeas jurisdiction existed for United States citizens to challenge the legality of their confinement in immigration custody.  The Ninth Circuit found that jurisdiction existed for the habeas petition and remanded the habeas proceedings to the District Court.

Professor Cooper credited several students for their work on the case, including Hoa Hoang '08, Asha Jennings '09, Su Yon Yi '10 and Parisa Igadi-Maghsoodi '10, and had particular praise for Hsu and Jessica Zweng '09. 

"Ms. Hsu and Ms. Zweng spent endless days and nights researching and preparing for the oral argument," said Professor Cooper.  "Both are now experts in recent Supreme Court cases on ‘enemy combatants' and the historical underpinnings of the Non-Detention Act."