Immigration Law

Recent Posts

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson
Posted on 5 Aug 2016 by Daniel M. Kowalski

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal... Read More

Habeas 'When Released' Victory in California: Mejia Espinoza v. Aitken
Posted on 17 Mar 2013 by Daniel M. Kowalski

"[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... Read More

W.D. Wa. on 'When...Released,' Mandatory Detention: Morelos v. ICE
Posted on 18 May 2013 by Daniel M. Kowalski

"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... Read More

Another 'When...Released' Habeas Victory: Vicencio v. Shanahan
Posted on 2 Mar 2013 by Daniel M. Kowalski

"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... Read More

Another 'When...Released' Habeas Victory: Gordon v. Napolitano
Posted on 30 Oct 2013 by Daniel M. Kowalski

"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... Read More

CA1 (En Banc) on Mandatory Detention, "When...Released" - Castañeda v. Souza
Posted on 24 Dec 2015 by Daniel M. Kowalski

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... Read More

'When Released' Habeas Victory in Mass. - Castañeda v. Souza
Posted on 4 Jul 2013 by Daniel M. Kowalski

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... Read More

Mandatory Detention Habeas Victory: Charles v. Shanahan
Posted on 6 Nov 2012 by Daniel M. Kowalski

"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... Read More

Habeas 'When Released' Victory in California: Bumanlag v. Durfor
Posted on 19 Mar 2013 by Daniel M. Kowalski

"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... Read More

CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero
Posted on 29 May 2012 by Daniel M. Kowalski

"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... Read More

CA3 on Mandatory Detention, 'When...Released' - Sylvain v. Atty. Gen.
Posted on 22 Apr 2013 by Daniel M. Kowalski

"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... Read More

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan
Posted on 29 Oct 2015 by Daniel M. Kowalski

"[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... Read More

Four New Habeas 236(c) 'When...Released' Victories!
Posted on 9 Jun 2015 by Daniel M. Kowalski

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... Read More