Another 'When...Released' Habeas Victory: Vicencio v. Shanahan

Another 'When...Released' Habeas Victory: Vicencio v. Shanahan

"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 his mandatory detention, alleging it is unlawful because he was not detained "when . . . released" from criminal custody under 8 U.S.C. § 1226(c).  Instead, Petitioner was detained approximately eleven years after he was sentenced to probation, meaning he was never incarcerated. The issue presented here is 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 the reasons expressed below, this Court finds that "when ... released" in § 1226(c) means detention must occur immediately after release from criminal custody.  Because Petitioner was detained eleven years after being sentenced to probation and was not incarcerated for that conviction, the Court will grant the Petition for Habeas Corpus and order an Immigration Judge to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a)(2)." - Vicencio v. Shanahan, Feb. 26, 2013.