LexisNexis® Legal Newsroom
CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero

"We hold that the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory immediacy requirement—when the statute does not specify a consequence for such noncompliance—does...

Mandatory Detention Habeas Victory: Charles v. Shanahan

"This case concerns the issue of 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...

Class Action Lawsuit Challenges Mandatory Detention: Gayle v. Napolitano

"This is a class action complaint for declaratory and injunctive relief or, in the alternative, a class action habeas, brought on behalf of individuals unlawfully subject to mandatory immigration detention in New Jersey under 8 U.S.C. § 1226(c). Plaintiffs bring suit to challenge the standard...

CA3 on Mandatory Detention, 'When...Released' - Sylvain v. Atty. Gen.

"This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so "when the alien is released"? The answer turns on the interplay between several provisions of the Act. We conclude that dilatory officials do not...

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...

Habeas 'When...Released' Victory in Colorado: Nieto Baquera v. Longshore

"The statute, read as a whole, gives immigration officials the power to detain and release aliens, except for a limited class of criminals who shall be mandatorily detained “when . . . released.” The “when . . . released” phrase is a direction to the authorities that certain...

BIA Unpubs on Mandatory Detention under INA Section 236(c)

Gerardo Candelario-Torres , A087 968 160 (BIA Jan. 14, 2011) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention based on his assault conviction under Cal. Penal Code 240 because it fell under the petty offense exception...

Class Action Lawsuits in Mass., Wa. Challenge Mandatory, No-Bond Detention

" Gordon v. Napolitano is a class action lawsuit filed on behalf of immigration detainees in Massachusetts who are unlawfully subject to mandatory, no-bond detention. Khoury v. Asher is a class action lawsuit filed on behalf of immigration detainees in Washington State who are unlawfully subject...

Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness

"Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed examination of mandatory detention during deportation...

News Excerpts from the March 1, 2014, Bender’s Immigration Bulletin

Federal Judge Certifies Class Action in Mandatory Detention Lawsuit On February 10, 2014, U.S. District Judge Michael Ponsor certified a class consisting of noncitizens in Massachusetts who are challenging their mandatory detention under Section 236(c) of the INA. The class representative, Mark...

Govt. Pet. Reh. Granted in Castañeda v. Souza (CA1 on 'When...Released')

"The [government's] petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion [ 769 F.3d 32 ] released on October 6, 2014 is withdrawn, and the judgment entered on the same date is vacated. ... The parties have filed briefs and the en banc court will...

CA10 on 'When...Released' - Olmos v. Holder (Mandatory Detention)

"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released or detained while he waits for his removal...

CA3 on Mandatory Detention, Habeas: Chavez-Alvarez v. Warden

"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing since June 5, 2012. We will reverse the District...

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan

"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates detainment immediately upon release or merely...

Unpub. BIA Mandatory Detention Remand Victory; Lopez-Meza Distinguished; No CIMT

Hats off to Steven Lyons, Martin C. Liu & Associates PLLC, New York, for this Dec. 11, 2015 unpublished BIA victory : "In the respondent's case, he did not drive under the influence with a suspended license but rather operated a motor vehicle with a license that had been suspended because...

CA1 (En Banc) on Mandatory Detention, "When...Released" - Castañeda v. Souza

Castañeda v. Souza, Dec. 23, 2015 - "We conclude that Congress intended for the present detention mandate to operate like its precursors and thus that its bar to bonded release applies only to those specified criminal aliens whom the Attorney General took into custody "when [they were...

CA1 on Mandatory Detention: Reid v. Donelan

Reid v. Donelan, Apr. 13, 2016 - "The district court held that detention pursuant to § 1226(c) for over six months was presumptively unreasonable and granted summary judgment to the class, thereby entitling each class member to a bond hearing. With respect to Petitioner, the court also held...

Mandatory Detention Habeas Victory in Utah: The Chairez-Castrejon Saga Takes a New Turn

Chairez-Castrejon v. Bible, May 19, 2016 - "Although Mr. Chairez advocates for the use of the Second and Ninth Circuits’ bright-line rule, he argues that under either approach, he is entitled to a bond hearing because his detention has been unreasonably prolonged. Given the absence of controlling...

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of criminal aliens and (5) Supreme Court decisions...

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal custody." [The decision is 28 pages long...