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LORA v. SHANAHAN

No. 14-2343-PR.

804 F.3d 601 (2015)

Alexander LORA, Petitioner-Appellee, v. Christopher SHANAHAN, in his official capacity as New York Field Officer Director for U.S. Immigration and Customs Enforcement; Diane McConnell, in her official capacity as Assistant Field Office Director for U.S. Immigration and Customs Enforcement; Thomas S. Winkowski, in his official capacity as Principal Deputy Assistant Director of U.S. Immigration and Customs Enforcement; Jeh Johnson, in his official capacity as Secretary of the U.S. Department of Homeland Security; Loretta E. Lynch, in her official capacity as the Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 28, 2015.

Attorney(s) appearing for the Case

Christopher Connolly ( Sarah S. Normand , on the brief), Assistant United States Attorneys for Preet Bharara , United States Attorney for the Southern District of New York, for Respondents-Appellants.

Rebecca A. Hufstader , Legal Intern, Luis Angel Reyes Savalza , Legal Intern, ( Alina Das and Nancy Morawetz , on the brief), Washington Square Legal Services, Inc., NYU Law School, New York, N.Y.; Bridget Kessler , Brooklyn Defender Services, Brooklyn, N.Y., on the brief, for Petitioner-Appellee.

Ahilan Arulanantham , ACLU Immigrants' Rights Project, Los Angeles, CA; Judy Rabinovitz and Anand Balakrishnan , ACLU Immigrants' Rights Project, New York, N.Y.; Alexis Karteron and Jordan Wells , New York Civil Liberties Union Foundation, New York, N.Y., on the brief, for Amici Curiae American Civil Liberties Union; New York Civil Liberties Union.

Andrea Saenz , Immigration Justice Clinic, Benjamin N. Cardozo School of Law, New York, N.Y., for Amici Curiae the Bronx Defenders; Detention Watch Network; Families for Freedom; Immigrant Defense Project; Immigrant Legal Resource Center; Kathryn O. Greenberg Immigration Justice Clinic; Make the Road New York; National Immigrant Justice Center; National Immigration Project of the National Lawyers Guild; Neighborhood Defender Service of Harlem; New Sanctuary Coalition of New York City; Northern Manhattan Coalition for Immigrant Rights.

Farrin R. Anello , Immigrants' Rights/International Human Rights Clinic, Seton Hall University School of Law, Newark, NJ, for Amici Curiae Professors of Immigration and Constitutional Law.

Before: KEARSE, PARKER, and WESLEY, Circuit Judges.

In 1996, with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), Congress significantly expanded the categories of non-citizens subject to mandatory detention pending their removal proceedings.4 Under section 1226(c) of the revised INA, the...

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