Guillermo Hoyte-Mesa v. John Ashcroft, 272 F.3d 989 (7th Cir. 2001). · Go Syfert
Guillermo Hoyte-Mesa v. John Ashcroft, 272 F.3d 989 (7th Cir. 2001). Cases Citing This Book View Copy Cite
“since hoyte, like mezei, was never granted admission to the united states prior to his exclusion, the fifth amendment does not offer him the same protections as resident aliens who are subsequently ordered removed.”
46 citation events (46 in the last 25 years) across 17 distinct courts.
Strongest positive: Gonzalez Aguilar v. McAleenan (nmd, 2019-11-08)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Gonzalez Aguilar v. McAleenan
D.N.M. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
since hoyte, like mezei, was never granted admission to the united states prior to his exclusion, the fifth amendment does not offer him the same protections as resident aliens who are subsequently ordered removed.
discussed Cited as authority (rule) Obikanye v. Immigration & Naturalization Service
2d Cir. · 2003 · confidence medium
Benitez v. Wallis, 337 F.3d 1289 (11th Cir.2003) (Zadvydas’s six-month presumption of reasonableness of detention applies only to “resident aliens who have effected entry.”); Borrero v. Al-jets, 325 F.3d 1003, 1007 (8th Cir.2003) (six-month time period did not apply to alien who was not admitted to the United States); Rios v. INS, 324 F.3d 296, 297 (5th Cir.2003) (noting that Zadvydas recognized the distinction between deportable aliens and excludable aliens); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (Zadvydas distinguished “between exclud able aliens and aliens who wer…
discussed Cited as authority (rule) Domingo Arango Marquez v. Immigration and Naturalization Service (2×)
9th Cir. · 2003 · confidence medium
See Benitez v. Wallis, 337 F.3d 1289, 1298-1301 (11th Cir.2003) (per curiam); Borrero v. Aljets, 325 F.3d 1003, 1007 (8th Cir.2003); Rios v. INS, 324 F.3d 296, 297 (5th Cir.2003); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991-92 (7th Cir.2001), cert. denied, 537 U.S. 846 , 123 S.Ct. 185 , 154 L.Ed.2d 73 (2002); see also Rosales-Garcia v. Holland, 322 F.3d 386, 416-21 (6th Cir.2003) (Boggs, J., dissenting), cert. denied, ___ U.S. ___, 123 S.Ct. 2607 , 156 L.Ed.2d 627 (2003).
discussed Cited as authority (rule) Napoles v. Immigration & Naturalization Service
D. Conn. · 2003 · confidence medium
Barrero v. Aljets, 325 F.3d 1003, 1007 (8th Cir.2003) (“In light of the fact that Zadvydas expressly distinguished Mezei on the grounds that Mezei had not made an entry into the United States, we conclude that Zadvydas’s six- *276 month presumption of reasonableness is inapplicable to inadmissible aliens.”); Rios v. INS, 324 F.3d 296, 297 (5th Cir.2003) (per curiam) (same); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (Mezei remains good law after Zadvydas , and “the United States [can] constitutionally detain an excludable alien indefinitely if his country of origin refuse…
discussed Cited as authority (rule) Benitez v. Wallis
11th Cir. · 2003 · confidence medium
Compare Borrero v. Aljets, 325 F.3d 1003, 1007 (8th Cir.2003) (concluding “that Zadvydas’s six-month presumption of reasonableness is inapplicable to inadmissible aliens”); Rios v. I.N.S., 324 F.3d 296, 297 (5th Cir.2003) (concluding that Zadvydas “distinguished the status of deportable aliens from that of excludable aliens”); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (concluding that an inadmissible alien’s “continued detention does not violate due process”), cert. denied, 537 U.S. 846 , 123 S.Ct. 185 , 154 L.Ed.2d 73 (2002); with Rosales-Garda v. Holland, 322 F…
discussed Cited as authority (rule) Daniel Benitez v. Robert Wallis
11th Cir. · 2003 · confidence medium
Compare Borrero v. Aljets, 325 F.3d 1003, 1007 (8th Cir.2003) (concluding "that Zadvydas 's six-month presumption of reasonableness is inapplicable to inadmissible aliens"); Rios v. I.N.S., 324 F.3d 296, 297 (5th Cir.2003) (concluding that Zadvydas "distinguished the status of deportable aliens from that of excludable aliens"); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (concluding that an inadmissible alien's "continued detention does not violate due process"), cert. denied, 537 U.S. 846 , 123 S.Ct. 185 , 154 L.Ed.2d 73 (2002); with Rosales-Garcia v. Holland, 322 F.3d 386, 408 (…
discussed Cited as authority (rule) Lazaro D. Borrero v. Curtis J. Aljets, Immigration and Naturalization Service (2×)
8th Cir. · 2003 · confidence medium
See Sierra v. INS, 258 F.3d 1213, 1218 (10th Cir.2001) (holding that an inadmissible alien is legally considered to be detained at the border and thus has no due process interest in release on parole); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir. 2001) (per curiam) (holding that Mezei remains good law after Zadvydas , thus annual parole review pursuant to the Cuban Review Plan satisfies due process); Barrera-Echavarria v. Rison, 44 F.3d 1441, 1450 (9th Cir.1995) (en banc) (“[E]xcluda-ble aliens simply enjoy no constitutional right to be paroled into the United States, even if the only…
discussed Cited as authority (rule) Lazaro D. Borrero v. Curtis J. Aljets
8th Cir. · 2003 · confidence medium
See Sierra v. INS, 258 F.3d 1213, 1218 (10th Cir. 2001) (holding that an inadmissible alien is legally considered to be detained at the border and thus has no due process interest in release on parole); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir. 2001) (per curiam) (holding that Mezei remains good law after Zadvydas, thus annual parole review pursuant to the Cuban Review Plan satisfies due process); Barrera-Echavarria v. Rison, 44 F.3d 1441, 1450 (9th Cir. 1995) (en banc) (“[E]xcludable aliens simply enjoy no constitutional right to be paroled into the United States, even if the only…
discussed Cited as authority (rule) Heng Meng Lin v. Ashcroft
E.D. Pa. · 2003 · confidence medium
See, e.g., Sierra v. INS, 258 F.3d 1213, 1218 (10th Cir.2001); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001); Soto-Ramirez v. Ashcroft, 228 F.Supp.2d 566, 572 (M.D.Pa.2002); Herrero-Rodriguez v. Bailey, 237 F.Supp.2d 543, 550-551 (D.N.J.2002). 7 .
discussed Cited as authority (rule) Herrero-Rodriguez v. Bailey
D.N.J. · 2002 · confidence medium
Appx. 617, 619 , 2001 WL 1646779 , at *1 (7th Cir.2001); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir. 2001) (holding that continued detention does not violate an excludable alien’s due-process rights since “the Fifth Amendment does not offer [excludable aliens] the same protections as resident aliens”), cert. denied, — U.S. -, 123 S.Ct. 185 , 154 L.Ed.2d 73 (2002); Ma v. Ashcroft, 257 F.3d 1095 , 1107 (9th Cir.2001) (explaining that excludable aliens are “not entitled to the constitutional protections provided to those within the territorial jurisdiction of the United States.�…
discussed Cited as authority (rule) Lin Guo Xi v. United States Immigration and Naturalization Service, Opinion (2×)
9th Cir. · 2002 · confidence medium
See Ma v. Ashcroft, 257 F.3d 1095 , 1108 n. 22 (9th Cir.2001) (treating Barrera-Echavar-ria 's constitutional analysis as good law because it "was dictated by the Supreme Court’s holding in Mezei .... ”); Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (Mezei and prior Seventh Circuit authority upholding indefinite detention of excludable aliens remain good law). .
discussed Cited as authority (rule) Chavez-Rivas v. Olsen (2×) also: Cited "see"
D.N.J. · 2002 · confidence medium
Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (per curiam) (ruling that Zadvydas did *331 not abrogate pre-existing Circuit precedent upholding constitutionality of indefinite detention of inadmissible, rather than deportable, alien).
discussed Cited "see" Gonzalez Aguilar v. McAleenan (2×) also: Cited "see, e.g."
D.N.M. · 2020 · signal: see · confidence high
See Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir. 2001); Gisbert v. U.S. Att’y Gen., 988 F.2d 1437 , 1442–43 (5th Cir. 1993); Castellar v. McAleenan, 388 F. Supp. 3d 1218 , 1244–46 (S.D.
discussed Cited "see" Rolando M. Sierra, Sr. v. D. Romaine, Warden Immigration & Naturalization Service John Ashcroft, Attorney General of the United States of America (2×) also: Cited "see, e.g."
3rd Cir. · 2003 · signal: see · confidence high
See Hoyte-Mesa, 272 F.3d at 991 .
discussed Cited "see" Sierra v. Romaine (2×) also: Cited "see, e.g."
3rd Cir. · 2003 · signal: see · confidence high
See Hoyte-Mesa, 272 F.3d at 991 .
cited Cited "see" Perez-Diago v. Gunja
D. Colo. · 2003 · signal: see · confidence high
See Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001). 7 .
discussed Cited "see" Garcia-Acosta v. Young
W.D. Tenn. · 2003 · signal: see · confidence high
See Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (per curiam); Sierra v. Immigration & Naturalization Serv., 258 F.3d 1213, 1218 (10th Cir.), cert. denied, 534 U.S. 1071 , 122 S.Ct. 676 , 151 L.Ed.2d 589 (2001); Rollaro-Suarez v. Pratt, No. 3-01-CV-1419-G, 2001 WL 1512026 (N.D.Tex.
cited Cited "see" Guerra v. Olson
7th Cir. · 2001 · signal: see · confidence high
See Hoyte-Mesa v. Ashcroft, 272 F.3d 989 , 2001 U.S.App.
discussed Cited "see, e.g." Gonzalez v. Ashcroft
D.N.J. · 2003 · signal: see also · confidence medium
Id. at 297 ; see also Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001)(where the court, in affirming the district court’s denial of Mar-iel Cuban’s habeas petition, reasoned that Mezei provided the authority to “constitutionally detain an excludable alien indefinitely if his country of origin refused to accept his return.”); Borrero v. Aljets, 325 F.3d 1003, 1007 (8th Cir.2003)(involving a Mariel Cuban’s challenge to a post conviction detention, where the court stated that “[i]n light of the fact that Zadvydas expressly distinguished Mezei on the grounds that Mezei had not …
discussed Cited "see, e.g." Wilson v. Zeithern
E.D. Va. · 2003 · signal: compare · confidence medium
Compare Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (noting that the Fifth Amendment does not provide a parolee "the same protections as resident aliens,” and concluding that the annual review of his detention "satisfies due process”) with Sierra v. Immigration and Naturalization Svc., 258 F.3d 1213, 1218 (10th Cir.2001) (holding that "the Due Process Clause does not provide [a parolee] a liberty interest in being released on parole" and that "whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned”) (citations omitted…
cited Cited "see, e.g." Omogiate v. Immigration & Naturalization Service
7th Cir. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001).
discussed Cited "see, e.g." Sok Ku Hong v. United States
E.D. Va. · 2003 · signal: see, e.g. · confidence low
See, e.g., Hoyte-Mesa v. Ashcroft, 272 F.3d 989 (7th Cir.2001) (recognizing that despite Zadvydas , the United States can still "constitutionally detain an excludable alien indefinitely if his country of origin refused to accept his return”) (emphasis added); Sierra v. INS, 258 F.3d 1213, 1218 (10th Cir.2001) (holding that "[t]he Due Process Clause does not provide [an excluded Mariel Cuban]... a liberty interest in being released on parole”); Ma v. Ashcroft, 257 F.3d 1095 (9th Cir.2001) (preserving the distinction between aliens who have entered the country and those who have not). 21 .
discussed Cited "see, e.g." Soto-Ramirez v. Ashcroft
M.D. Penn. · 2002 · signal: see also · confidence medium
See also Hoyte-Mesa v. Ashcroft, 272 F.3d 989, 991 (7th Cir.2001) (per curiam) (ruling that Zadvydas does not abrogate Seventh Circuit precedent upholding indefinite detention of inadmissible aliens); Chavez-Rivas, supra. But see Borrero v. Aljets, 178 F.Supp.2d 1034 (D.Minn.2001) (holding that the Zadvydas’ reasonably foreseeable removal limitation does apply to Mariel Cubans whose parole has been revoked).
Retrieving the full opinion text from the archive…
Guillermo HOYTE-MESA, Petitioner-Appellant,
v.
John ASHCROFT, Et Al., Respondents-Appellees
01-1726.
Court of Appeals for the Seventh Circuit.
Dec 3, 2001.
272 F.3d 989
Guillermo Hoyte-Mesa (submitted), Terre Haute, IN, pro se., Jill E. Zengler, Office of the U.S. Atty., Indianapolis, IN, James G. Hoofnagle, Jr., Office of the U.S. Atty., Civ. Div., Chicago, IL, John D. Ashcroft, Dept, of Justice, Washington, DC, for John D. Ashcroft., Jill E. Zengler, Office of the U.S. Atty., Indianapolis, IN, James G. Hoofnagle, Jr., Office of the U.S. Atty., Civ. Div., Chicago, IL, for Harley G. Lappin and Doris Meiss-ner.
Bauer, Easterbrook, Evans, Per Curiam.
Cited by 34 opinions  |  Published
PER CURIAM.

Guillermo Hoyte-Mesa, an excludable alien and citizen of Cuba, has been detained by the INS in federal prison since March 1996 pending deportation. Hoyte filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging his detention on the grounds that it violates his due process rights and amounts to cruel and unusual punishment. The district court denied his petition and we affirm.

Hoyte arrived in the United States in May 1980 during the Mariel boatlift from Cuba, and in August he was paroled into the United States. While released on parole, Hoyte, armed with a knife, slashed a victim in the face, chest, hand, and leg. He was convicted of endangering safety by conduct regardless of life and sentenced to five years’ imprisonment. Later he stabbed a prisoner and was convicted of battery. On another occasion he was convicted of carrying a concealed weapon. Upon release from prison, Hoyte was taken into INS custody, and in 1986 an immigration judge determined that Hoyte was excludable and deportable from the United States. See 8 U.S.C. § 1182(a). The immigration order became final when the Board of Immigration Appeals upheld the immigration judge’s decision and Hoyte did not seek further review.

INS detained Hoyte pending his deportation until October 1989, when he was paroled under the Cuban Review Plan. See 8 C.F.R. § 212.12. In 1994 an Illinois[*991] state court convicted Hoyte of a drug offense he committed while released on parole. He subsequently was convicted of a weapons violation. After serving his sentences for these crimes, he was returned to federal custody where he has remained to date.

Since 1996, Hoyte has received annual consideration for immigration parole in accordance with the Cuban Review Plan, 8 C.F.R. § 212.12. A Cuban Review Panel makes a recommendation to the Associate Commissioner for Enforcement of the INS, who has the discretion to approve parole. Id. Hoyte was denied parole as recently as October 2000. In his decision denying parole, the Associate Commissioner noted Hoyte’s immigration history and criminal record, as well as various disciplinary infractions for which Hoyte was cited while detained, including possession of an unauthorized item, insolence, stealing, being absent from his assignment, and refusing an order.

In October 2000 Hoyte filed a petition for writ of habeas corpus alleging that his “indefinite” detention pending deportation, caused by Cuba’s refusal to repatriate him and INS’s refusal to release him on parole, violates due process and amounts to cruel and unusual punishment. Relying on our decision in Carrera-Valdez v. Perryman, 211 F.3d 1046 (7th Cir.2000), the district court denied the petition, finding no constitutional violation in the indefinite detention of an excludable alien who is subject to an elaborate mandatory administrative review process that annually reevaluates his parole eligibility.

Our decision in Carrerar-Valdez principally relied on the Supreme Court’s pronouncement in Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 73 S.Ct. 625, 97 L.Ed. 956 (1953), that the United States could constitutionally detain an ex-cludable alien indefinitely if his country of origin refused to accept his return. Carr-era-Valdez, 211 F.3d at 1048. Since our decision in Carrera-Valdez, the Supreme Court decided Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), in which it considered the constitutionality of the indefinite detention of resident aliens awaiting deportation. In doing so, the court reaffirmed its decision in Mezei by distinguishing between excluda-ble aliens and aliens who were admitted to the United States but subsequently ordered removed. Zadvydas, 533 U.S. at 682, 121 S.Ct. at 2495 (noting that “[ajliens who have not yet gained initial admission to this country would present a very different question”). The Court’s holding in Mezei remains unaffected by the Zadvydas decision. Id. at 2500, 121 S.Ct. 2491 (explaining that Mezei’s excludable status “made all the difference”). Mezei remains good law, and by extension so too does our holding in Carrerar-Valdez.

Since Hoyte, like Mezei, was never granted admission to the United States prior to his exclusion, -the Fifth Amendment does not offer him the same protections as resident aliens who are subsequently ordered removed. See Zadvydas, 533 U.S. at 687, 121 S.Ct. at 2500; Carballo v. Luttrell, No. 99-5698, 2001 WL 1194699, at *13 (6th Cir. Oct. 11, 2001); Sierra v. INS, 258 F.3d 1213, 1218 (10th Cir.2001). Consequently, the district court did not err when it held that Hoyte’s continued detention does not violate due process.

Although Hoyte was adjudicated excludable, he was subsequently granted parole into the United States with certain conditions, including compliance with our laws. His breach of those conditions is sufficient to authorize his current detention. Cf. Zadvydas, 533 U.S. at 688-689, 121 S.Ct. at 2501-02 (noting that a removable alien’s interest after six months’ detention would be limited to “supervision under release[*992] conditions that may not be violated”). Hoyte’s current incarceration therefore results not only from his excludable status, but also from his violation of parole conditions. Furthermore, the length of his detention now depends on the outcome of his annual parole review. Since Hoyte has access to this type of administrative review, the district court correctly concluded that Hoyte’s detention satisfies due process. Accordingly the judgment of the district court is Affirmed.