United States Second Circuit

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Lora v. Shanahan, 14-2343

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