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LESLIE v. ATTORNEY GENERAL OF U.S.

No. 11-2442.

678 F.3d 265 (2012)

Neville Sylvester LESLIE, Appellant v. ATTORNEY GENERAL OF the UNITED STATES; Mary Sambol, Warden of York County Prison; Thomas Decker, District Director of Pennsylvania Field Office for Detention; Janet Napolitano, Secretary of the U.S. Department of Homeland Security.

United States Court of Appeals, Third Circuit.

Filed: March 19, 2012.

Attorney(s) appearing for the Case

Neville Leslie , York, PA, Pro Se Appellant.

Tony West , David J. Kline , Victor M. Lawrence , Flor M. Suarez (Argued), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Appellee.

Valerie Burch , ACLU Foundation of Pennsylvania, Harrisburg, PA, for Amicus Curiae American Civil Liberties Union Foundation of Pennsylvania.

Judy Rabinovitz (Argued), Michael K.T. Tan , ACLU Foundation Immigrants' Rights Project, New York, NY, for Amicus Curiae American Civil Liberties Union Foundation.

Before: SLOVITER, VANASKIE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Petitioner Neville Leslie, a Jamaican alien, has been incarcerated since March 28, 2008 without a bond hearing. He now seeks a bond hearing as provided by 8 U.S.C. § 1226, contending that his continued detention by United States Immigration and Customs Enforcement ("ICE") for four years is unconstitutional.1

Leslie's appeal from the District Court's denial of his petition...

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