United States First Circuit

Grant of a Laotian immigrant-petitioner's request for habeas relief after being taken into custody by the ICE without bond and conclusion that BIA had misinterpreted 8 U.S.C. section 1226 are affirmed as the government has adopted an interpretation contrary to the plain meaning of the statute and in the alternative, even if the statute were ambiguous, the position of the government is not a reasonable one.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• RIPPLE, Circuit Judge., Before HOWARD, RIPPLE, and SELYA, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Theodore W. Atkinson, Trial Attorney, Office of Immigration Litigation, with whom Michael F. Hertz, Acting Assistant Attorney General, Civil Division, David J. Kline, Director, District Court Section, Office of Immigration Litigation and Gjon Juncaj, Senior Litigation Counsel, United States Justice Department, were on brief, for appellant.


• For Appellees:
  
• Kerry E. Doyle, with whom Graves & Doyle, Jeanette Kain, and Kaplan, O'Sullivan & Friedman, were on brief, for appellee.