Immigration Law

Govt. Pet. Reh. Granted in Castañeda v. Souza (CA1 on 'When...Released')

"The [government's] petition for rehearing en banc is granted.  In accordance with customary practice, the panel opinion [769 F.3d 32] released on October 6, 2014 is withdrawn, and the judgment entered on the same date is vacated. ... The parties have filed briefs and the en banc court will have copies of those briefs.  A further order will issue in due course to determine what supplemental briefs, if any, are required or permitted." - Castañeda v. Souza, Jan. 23, 2015.

"Because § 1226(c) only applies to aliens detained “when . . . released” from criminal custody, and because the petitioners were not timely detained under any reasonable interpretation of the statute, we conclude that the petitioners are not subject to mandatory detention under § 1226(c) and are entitled to an individualized bail hearing under § 1226(a).  We therefore affirm the district court’s grant of habeas corpus relief in each case." - Castañeda v. Souza, Oct. 6, 2014.