United States First Circuit

In these consolidated habeas cases, petitioner-aliens challenge whether they are subject to the mandatory detention provision of the Immigration and Nationality Act, 8 U.S.C. section 1226(c). The district court's grant of habeas relief is affirmed, where because section 1226(c) only applies to aliens detained "when released" from criminal custody, and because the petitioners were not timely detained under any reasonable interpretation of the statute, the petitioners are not subject to mandatory detention under section 1226(c) and are entitled to an individual bail hearing under section 1226(a).

Appellate Information

• Decided 10/06/2014
• Published 10/06/2014

Judges

• Dyk

Court

• United States First Circuit

Counsel