United States First Circuit

In an appeal involving the years-long delay in the detention of aliens in immigration custody, 8 U.S.C. section 1226(c)(1), in light of Castaneda v. Souza, 810 F.3d 15 (1st Cir. 2015) (en banc), the district court's remedial order's grant of summary judgment, declaratory judgment, and injunctive relief is vacated and remanded for the district court to: 1) require the agency to articulate its position on what constitutes a reasonable custody gap under section 1226(c), as well as what practical problems, if any, have resulted from the remedial order since its issuance in May 2014; 2) reexamine its position on the inapplicability of section 1252(f)(1); and 3) consider the parallel due process issues in Reid v. Donelan, 819 F.3d 486 (1st Cir. 2016), and this court's disposition of that case, in conjunction with the Supreme Court's impending consideration of related due process issues.

Appellate Information

• Published 2016/11/21

Judges

• LYNCH

Court

• United States First Circuit

Counsel