Olmos v. Holder, No. 14-1085 (10th Cir. 2015)
Annotate this CasePetitioner-appellee Manuel Olmos (a citizen of Mexico) was convicted in state court on charges involving identity theft, providing false information to a pawnbroker, and forgery of a government document. Olmos received probation, but was taken into federal custody six days later on the ground that his conviction triggered mandatory detention. Olmos sought a writ of habeas corpus, arguing that he was entitled to a bond hearing, where he could seek release while his removal hearing was pending. The district court agreed and granted a writ of habeas corpus, holding that he was entitled to a bond hearing. At the eventual bond hearing, Olmos was released on a $12,000 bond. The government argued on appeal that the Attorney General had a statutory duty to detain Olmos (without a bond hearing) notwithstanding his six-day gap in custody. After review, the Tenth Circuit agreed with the government and reversed based on: (1) deference to the way the Board of Immigration Appeals has interpreted section 1226(c); and (2) the continued duty to impose mandatory detention even if the Attorney General had waited too long to take custody of Olmos.
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