Immigration Law

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] released" from criminal custody. We further conclude that the two aliens who bring these habeas petitions were not taken into immigration custody "when [they were] released" from criminal custody because they had been released from criminal custody years before their immigration custody started. As a result, we conclude that the present detention mandate does not bar either petitioner from seeking release on bond pursuant to the Attorney General's discretionary release authority."  [Hats off to Gregory Romanovsky and many others!]