"[R]egardless of how many district courts have followed or rejected the BIA’s decision in Matter of Rojas, those decisions are not binding on this Court and the Court agrees with the Magistrate Judge that the mandatory detention provision in § 1226(c) does not apply to Petitioner. The Court agrees with the Magistrate Judge that § 1226(c) is not ambiguous and the word “when” in the context of release from custody means immediately upon release. ... Petitioner’s Petition For Writ Of Habeas Corpus And Immediate Release From Custody (Doc. 1) is GRANTED and Petitioner should be provided an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) within 21 days of entry of this Order; IT IS FURTHER ORDERED that if Petitioner is not given a hearing within that time period, Petitioner be released pending issuance of a removal order. IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE and that a final judgment be entered concurrently with this order." - Valdez v. Terry, D. N.M., Apr. 18, 2012.
Hats off to attorney Olsi Vrapi!