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Habeas 'When...Released' Victory in Colorado: Nieto Baquera v. Longshore

June 11, 2013 (1 min read)

"The statute, read as a whole, gives immigration officials the power to detain and release aliens, except for a limited class of criminals who shall be mandatorily detained “when . . . released.” The “when . . . released” phrase is a direction to the authorities that certain dangerous aliens should be continuously detained from the time of release from custody in qualifying criminal cases through their removal proceedings. That language means that this exception no longer applies to Mr. Nieto, given that ten years have lapsed since his “release.” Therefore, Mr. Nieto’s fate is now governed by subsection (a), which does not mean he will be released – only that he is now entitled to a bond hearing." - Nieto Baquera v. Longshore, June 4, 2013.  [Hats off to Hans Meyer and Katharine Speer!]