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SYLVAIN v. ATTORNEY GENERAL OF U.S.

No. 11-3357.

714 F.3d 150 (2013)

Michel SYLVAIN v. ATTORNEY GENERAL OF the UNITED STATES; Brian Elwood, Warden of Monmouth County Jail; Christopher Shanahan, Field Office Director; John Morton, Director, Bureau of Immigration and Customs Enforcement; and Secretary, U.S. Department of Homeland Security Attorney General of the United States; Christopher Shanahan, Field Office Director; John Morton, Director, Bureau of Immigration and Customs Enforcement; Secretary U.S. Department of Homeland Security, Appellants.

United States Court of Appeals, Third Circuit.

Filed: April 22, 2013.

Attorney(s) appearing for the Case

Andrew F. Erba, II [Argued], Williams, Cuker & Berezofsky, Philadelphia, PA, for Appellee.

Neelam Ihsanullah [Argued], Flor M. Suarez , United States Department of Justice, Office of Immigration Litigation, Washington, DC, Alex Kriegsman , Office of United States Attorney, Newark, NJ, for Appellants.

Andres C. Benach , Benach Ragland LLP, Washington, DC, Alina Das [Argued], Washington Square Legal Services, Inc., New York, NY, for Amici-Appellees.

Before: SMITH, GREENAWAY, JR., and VAN ANTWERPEN, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Statutory language is important. It takes on added significance when a person's freedom is at stake. Under the Immigration and Nationality Act, immigration officials "shall take into custody any" deportable alien who has committed various crimes "when the alien is released" from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without any possibility of release while awaiting...

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