W.D. Wa. on 'When...Released,' Mandatory Detention: Morelos v. ICE

W.D. Wa. on 'When...Released,' Mandatory Detention: Morelos v. ICE

"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--that, by virtue of the "when ... released" language in the statute, 8 U.S.C. § 1226(c) is only applicable if ICE detains an alien at the time he or she is released from custody for the deportable offence. According to Mr. Morelos and Magistrate Judge Donohue, because ICE detained Mr. Morelos several years later, 8 U.S.C. § 1226(c) does not apply. Therefore, he should have been detained under 8 U.S.C. § 1226(a) and given a bond hearing. ... ICE has not demonstrated that it detained Mr. Morelos upon, or reasonably soon after, the state released him from custody for a 2010 drug trafficking crime. Indeed, it appears from the parties briefing that ICE detained Mr. Morelos a substantial period of time after he was released from incarceration for the crimes that qualify him for removal under 8 U.S.C. § 1227. (See Resp. Mot. at 4-5.) For that reason, ICE does not have the authority to detain Mr. Morelos under § 1226(c). Accordingly, this court ADOPTS the Report and Recommendation, and ORDERS ICE to GRANT Mr. Morelos a bond hearing." - Morelos v. ICE, May 8, 2013.  [Pro se!]