"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...
"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 Judge Donohue agrees...
"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 Act. We...
"This is a class action complaint for declaratory and injunctive relief or, in the alternative, a class action habeas, brought on behalf of individuals unlawfully subject to mandatory immigration detention in New Jersey under 8 U.S.C. § 1226(c). Plaintiffs...
"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 custody. For...
"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 not specify a consequence for such...