United States Second Circuit

In a habeas corpus action challenging petitioner's mandatory detention by the Department of Homeland Security (DHS) pending his removal proceedings, the district court's grant of the petition is affirmed where: 1) removable aliens are subject to mandatory detention under 8 U.S.C. section 1226(c) even when DHS does not immediately detain them; and 2) mandatory detention exceeding six months without a bond hearing violates due process.

Appellate Information

• Decided 10/28/2015
• Published 10/28/2015

Judges

• PARKER

Court

• United States Second Circuit

Counsel