LexisNexis® Legal Newsroom
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...

Habeas 'When Released' Victory in California: Mejia Espinoza v. Aitken

"[T]he facts show that Petitioner was not detained by ICE until 11 months after her arrest and 6 months after criminal conviction. Since there is no evidence to suggest that Petitioner hid from immigration authorities or did anything other than return to her home in Oakland, those time periods cannot...

Habeas 'When Released' Victory in California: Bumanlag v. Durfor

"The court concludes that petitioner is not subject to mandatory detention under § 1226(c) and will therefore grant his application for habeas corpus relief. The court agrees with the reasoning of the decisions of the majority of courts to have considered this issue, including all other district...

'When Released' Habeas Victory in Mass. - Castañeda v. Souza

Gregory Romanovsky writes: "A very thorough analysis on the "when released" issue and some great language in the attached district court's decision : "This lack of analysis in Hosh is startling and likely the reason why the Hosh decision has had little impact as a persuasive precedent...

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...

Four New Habeas 236(c) 'When...Released' Victories!

In the space of two days, the feds (ICE) take a beating in four cases, three out of the SDNY and one out of the MDPA. Hats off to Christopher J. Cassar, Paul B. Grotas, Craig R. Shagin, Nancy Morawetz and Ruben Loyo! Enjoy... - Antoniou v. Shanahan - Minto v. Decker - Singh v. Sabol - Sutherland...