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

October 29, 2015 (1 min read)

"[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 sometime after release, we adopt the “duty‐triggering” construction, and hold that an alien may be subject to mandatory detention even where DHS does not immediately detain the alien after release from criminal custody. ... [W]e [also] hold that, in order to avoid the constitutional concerns raised by indefinite detention, an immigrant detained pursuant to section 1226(c) must be afforded a bail hearing before an immigration judge within six months of his or her detention.  Following the Ninth Circuit, we also hold that the detainee must be admitted to bail unless the government establishes by clear and convincing evidence that the immigrant poses a risk of flight or a risk of danger to the community." - Lora v. Shanahan, Oct. 28, 2015.