Another 'When...Released' Habeas Victory: Gordon v. Napolitano

Another 'When...Released' Habeas Victory: Gordon v. Napolitano

"Plaintiff, a lawful permanent resident being held by the government pursuant to 8 U.S.C. § 1226(c), has brought a petition for writ of habeas corpus seeking an individualized bond hearing to challenge his immigration detention. ... the plain language of the statute, Congress's intent in enacting the statute, and the structure of the statute unambiguously describe the time at which the government must act to detain a non-citizen under § 1226(c).  Even if that language were ambiguous, the BIA's interpretation yields impermissibly absurd results and would not warrant deference.  Finally, the loss of authority cases are not applicable to the statute in question here, since the government may still act under § 1226(a).  In order to avoid needless delay to Plaintiff while this court's more detailed memorandum is prepared, Plaintiff's individual petition for writ of habeas corpus (Dkt. No. 1) is hereby ALLOWED, Plaintiff's Motion for Preliminary Injunction (Dkt. No. 2) is DENIED without prejudice, and Defendants' Motion to Dismiss is DENIED (Dkt. No. 13).  Defendants are hereby ordered to grant Plaintiff an individualized bond hearing within thirty days of this order." - Gordon v. Napolitano, Oct. 23, 2013.

[Hats off to Adriana Lafaille, Matthew Segal, LEAD ATTORNEYS, American Civil Liberties Union, Boston, MA; Elizabeth A. Badger, Lutheran Social Services, Worcester, MA; Eunice Lee, Michael Tan, PRO HAC VICE, American Civil Liberties Union Federation, Immigrants Rights Project, San Francisco, CA; Judy Rabinovitz, PRO HAC VICE, American Civil Liberties Union, New York, NY.!]