SAYSANA v. GILLEN

No. 09-1179.

590 F.3d 7 (2009)

Houng SAYSANA, Petitioner, Appellee, v. Brian H. GILLEN, In his Capacity as Superintendent of Plymouth County Correctional Facility, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2009.


Attorney(s) appearing for the Case

Theodore W. Atkinson, Trial Attorney, Office of Immigration Litigation, with whom Michael F. Hertz, Acting Assistant Attorney General, Civil Division, David J. Kline, Director, District Court Section, Office of Immigration Litigation and Gjon Juncaj, Senior Litigation Counsel, United States Justice Department, were on brief, for appellant.

Kerry E. Doyle, with whom Graves & Doyle, Jeanette Kain, and Kaplan, O'Sullivan & Friedman, were on brief, for appellee.

Before HOWARD, RIPPLE, and SELYA, Circuit Judges.


RIPPLE, Circuit Judge.

In 2007, Houng Saysana was taken into custody by Immigration and Customs Enforcement ("ICE") and held without bond. After agency proceedings in which bond was again denied, he filed this petition for habeas corpus in the district court, challenging the conclusion of the Board of Immigration Appeals ("BIA" or "Board") that he is subject to the mandatory detention provision in 8 U.S.C. § 1226(c). The district court concluded that the Board...

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