Hosh Mohamed HOSH, Petitioner-Appellee,
v.
Enrique LUCERO, Field Office Director, Office of Enforcement and Removal, U.S. Immigration and Customs Enforcement; John Morton, Director, U.S. Immigration and Customs Enforcement; James Chapparo, Executive Associate Director, U.S. Immigration and Customs Enforcement; Janet Napolitano, Secretary, Department of Homeland Security; Eric H. Holder, Jr., Attorney General, Respondents-Appellants, and
David L. Simons, Superintendent, Hampton Roads Regional Jail, Respondent.
Association of Mexicans in North Carolina; Detention Watch Network; Families for Freedom; Immigrant Defense Project; Immigrant Rights Clinic; Immigration Equality; Legal Aid Justice Center's Immigrant Advocacy Program; National Immigrant Justice Center; National Immigration Project; Kathryn O. Greenberg Immigration Justice Clinic; American Immigration Lawyers Association, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2012.
Decided: May 25, 2012.
Attorney(s) appearing for the Case
ARGUED: Gisela Ann Westwater , United States Department of Justice, Washington, D.C., for Appellants. Ofelia Lee Calderon , Calderon, Racine & Derwin, PLC, Arlington, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Julie Edelstein , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Tony West , Assistant Attorney General, Civil Division, Elizabeth J. Stevens , Assistant Director, District Court Section, United States Department of Justice, Washington, D.C., for Appellants. Alina Das , Washington Square Legal Services, New York, New York, for Association of Mexicans in North Carolina, Detention Watch Network, Families for Freedom, Immigrant Defense Project, Immigrant Rights Clinic, Immigration Equality, Legal Aid Justice Center's Immigrant Advocacy Program, National Immigrant Justice Center, National Immigration Project, and Kathryn O. Greenberg Immigration Justice Clinic, Amici Supporting Appellee. Andres C. Benach , Duane Morris LLP, Washington, D.C.; Russell R. Abrutyn , Marshal E. Hyman & Associates, Troy, Michigan; Stephen W. Manning , Immigration Law Group, PC, Portland, Oregon, for American Immigration Lawyers Association, Amicus Supporting Appellee.
Reversed and remanded by published opinion. Senior Judge MOON wrote the opinion, in which Judge KEENAN and Judge FLOYD concurred.
United States Court of Appeals, Fourth Circuit.
OPINION
MOON, Senior District Judge:
Title 8, United States Code, Section 1226(c) requires the mandatory federal detention, without the possibility of bond, of certain deportable criminal aliens "when" those aliens are released from other custody. The issue in this case is whether, as the district court held, Appellee, a deportable criminal alien who was not immediately taken into federal custody upon his release from other custody, is exempt from...
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