United States First Circuit

In a case to determine the limits of the Attorney General's discretion to decide whether to take aliens who are subject to removal into immigration custody, the district court's judgment is affirmed by an equally divided en banc court where: 1) 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 released from criminal custody; and 2) the present detention mandate does not bar either petitioner from seeking release on bond pursuant to the Attorney General's discretionary release authority.

Appellate Information

• Published 2015/12/23

Judges

• BARRON

Court

• United States First Circuit

Counsel