Gordon v. Lynch, No. 14-1729 (1st Cir. 2016)
Annotate this CaseIn Castaneda v. Souza, the First Circuit divided evenly over the question of whether the “when…released” clause in 8 U.S.C. 1226(c)(1) limits the scope of section 1226(c)(2). The result of the deadlock was the affirmance of the district court judgments finding unreasonable the government’s years-long delay in detaining two specific petitioners. While the issue concerning the interpretation of section 1226(c) was on appeal, the district court issued two orders. The first issued certified a class of present and future detainees who had committed or would commit serious crimes. In the second order (“the remedial order”) the district court granted summary judgment to the class and issued declaratory and injunctive relief, ordering the defendants to cease and desist subjecting current and future class members - aliens not detained within forty-eight hours of release from custody - to mandatory detention. The First Circuit held in abeyance the government’s appeal of the remedial order pending its decision in Castaneda. On appeal, the First Circuit vacated the remedial order’s grant of summary judgment, declaratory judgment, and injunctive relief, holding that a class-wide bright line rule of a mere forty-eight hours, with no mention of an alien’s potential culpability for delay, is inconsistent with the reasoning and logic of the Castaneda opinions. Remanded.
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