United States Third Circuit

In a case in which the government detained a Jamaican national for nearly four years without a bond hearing pending removal proceedings, a district court order denying a writ of habeas corpus is reversed, and the appeal is remanded with instructions to conduct an individualized bond hearing, where: 1) the prisoner's detention was "pre-removal" under 8 USC section 1226, rather than "post-removal" under 8 USC section 1331, and thus could not exceed a reasonable length of time; and 2) the prisoner was only responsible for a five-week delay for unspecified medical reasons, and the rest of the delay was caused by his pursuit of bona fide legal challenges to his removal.

Appellate Information

• Decided 03/19/2012
• Published 03/19/2012

Judges

• Garth

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Flor M. Suarez