Browse By Tags

Gayle v. Warden "Under 8 U.S.C. § 1226(c), the Government must detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and it must hold them without bond pending their removal...

Sophia Genovese, July 26, 2021 "In Johnson v. Guzman Chavez , 594 U.S. __ (2021), the Supreme Court held that noncitizens in withholding-only proceedings are not entitled to a custody redetermination, or bond, hearing before the Immigration Court...

Judah Lakin writes: "We wanted to share an exciting decision we received on Friday from Judge Freeman in the Northern District of California on Friday granting our client a bond hearing. We, together with our co-counsel Jenny Zhao and Monica Ramsy...

Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration...

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...

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately. ...

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...

" 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...

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...

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...

"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”...

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...

"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...

"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...

"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...