LexisNexis® Legal Newsroom
CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero

"We hold that the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory immediacy requirement—when the statute does not specify a consequence for such noncompliance—does...

Mandatory Detention Habeas Victory: Charles v. Shanahan

"This case concerns the issue of whether the "when . . . released" clause in § 1226(c) means that an individual must be detained immediately after being released from custody or can be detained at some point in time after release from custody. For the reasons expressed below, this...

Another 'When...Released' Habeas Victory: Vicencio v. Shanahan

"This matter is before the Court on Alamiro Madrid Vicencio ("Petitioner")'s Petition for a Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241. Petitioner is detained at Monmouth County Correctional Facility and challenges his mandatory detention, alleging it is unlawful...

Habeas 'When Released' Victory in California: Mejia Espinoza v. Aitken

"[T]he facts show that Petitioner was not detained by ICE until 11 months after her arrest and 6 months after criminal conviction. Since there is no evidence to suggest that Petitioner hid from immigration authorities or did anything other than return to her home in Oakland, those time periods cannot...

Habeas 'When Released' Victory in California: Bumanlag v. Durfor

"The court concludes that petitioner is not subject to mandatory detention under § 1226(c) and will therefore grant his application for habeas corpus relief. The court agrees with the reasoning of the decisions of the majority of courts to have considered this issue, including all other district...

CA3 on Mandatory Detention, 'When...Released' - Sylvain v. Atty. Gen.

"This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so "when the alien is released"? The answer turns on the interplay between several provisions of the Act. We conclude that dilatory officials do not...

W.D. Wa. on 'When...Released,' Mandatory Detention: Morelos v. ICE

"The parties dispute whether the phrase "when . . . released" makes § 1226(c) inapplicable when the government detains the alien after he or she is released from custody for a deportable offense. Mr. Morelos argues--and Magistrate Judge Donohue agrees--that, by virtue of the "when...

'When Released' Habeas Victory in Mass. - Castañeda v. Souza

Gregory Romanovsky writes: "A very thorough analysis on the "when released" issue and some great language in the attached district court's decision : "This lack of analysis in Hosh is startling and likely the reason why the Hosh decision has had little impact as a persuasive precedent...

Another 'When...Released' Habeas Victory: Gordon v. Napolitano

"Plaintiff, a lawful permanent resident being held by the government pursuant to 8 U.S.C. § 1226(c), has brought a petition for writ of habeas corpus seeking an individualized bond hearing to challenge his immigration detention. ... the plain language of the statute, Congress's intent in...

Four New Habeas 236(c) 'When...Released' Victories!

In the space of two days, the feds (ICE) take a beating in four cases, three out of the SDNY and one out of the MDPA. Hats off to Christopher J. Cassar, Paul B. Grotas, Craig R. Shagin, Nancy Morawetz and Ruben Loyo! Enjoy... - Antoniou v. Shanahan - Minto v. Decker - Singh v. Sabol - Sutherland...

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan

"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates detainment immediately upon release or merely...

CA1 (En Banc) on Mandatory Detention, "When...Released" - Castañeda v. Souza

Castañeda v. Souza, Dec. 23, 2015 - "We conclude that Congress intended for the present detention mandate to operate like its precursors and thus that its bar to bonded release applies only to those specified criminal aliens whom the Attorney General took into custody "when [they were...