Castaneda v. Souza, No. 13-1994 (1st Cir. 2014)
Annotate this CaseAt issue in this case was the mandatory detention provision of the Immigration and Nationality Act, 8 U.S.C. 1226(c), which provides that the Attorney General shall take into custody any alien who has committed certain predicate crimes “when the alien is released.” The general rule under section 1226 is that aliens arrested and charged with removal may be released on bond pending removal proceedings. Aliens subject to mandatory detention, however, are generally ineligible for bail. Petitioners, two aliens, committed a predicate crime listed in section 1226(c) but were not taken into custody by the Attorney General until years after being released from state custody. Petitioners filed separate petitions for writ of habeas corpus, arguing that their detention without opportunity for release on bond was unauthorized by law. The district court granted habeas corpus relief in each case. The First Circuit affirmed, holding that Petitioners were not subject to mandatory detention under section 1226(c) because they were not timely detained under any reasonable interpretation of the statute.
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