Court of Appeals for the Fifth Circuit November 2, 1992, 91-2848 (J. Jesus Faustino Aguilar-Ayala v. Cecilio Ruiz, Etc.)

GOLDBERG, Circuit Judge:

The government, in its campaign against the unlawful entry into the United States by foreign nationals, had deployed a practice of detaining certain aliens as material witnesses for the criminal prosecution of those persons charged with transporting them across the border.