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SAYSANA v. GILLEN

No. 09-1179.

614 F.3d 1 (2010)

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 July 14, 2010.

Attorney(s) appearing for the Case

Theodore W. Atkinson, Trial Attorney, Office of Immigration Litigation, United States Justice Department, 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, on brief, for appellant.

Kerry E. Doyle, Graves & Doyle, and Jeanette Kain, Kaplan, O'Sullivan & Friedman, 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 a petition for habeas corpus, which challenged the conclusion of the Board of Immigration Appeals ("BIA" or "Board") that he was subject to the mandatory detention provision in 8 U.S.C. § 1226(c). The district court granted the writ, and we affirmed. See...

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