Leiticia CASTAÑEDA, Petitioner, Appellee,
v.
Steve SOUZA, Superintendent, Bristol County House of Corrections, in his official capacity and his successors and assigns, Respondent, Appellant,
Bruce E. Chadbourne, Field Office Director, Boston Field Office, Office of Detention and Removal, U.S. Immigrations and Customs Enforcement, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; John T. Morton, Director, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; Jeh Johnson, Secretary, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in his official capacity and his successors and assigns, Respondents.
Clayton Richard Gordon, on behalf of himself and others similarly situated, Petitioner, Appellee,
Preciosa Antunes; Gustavo Ribeiro Ferreira; Valbourn Sahidd Lawes; Nhan Phung Vu, Petitioners,
v.
Eric H. Holder, Jr., United States Attorney General; John Sandweg, Acting Director; Sean Gallagher, Acting Field Office Director; Christopher J. Donelan; Michael G. Belotti, Sheriff; Steven W. Tompkins, Sheriff; Thomas M. Hodgson, Sheriff; Joseph D. McDonald, Jr., Sheriff; Rand Beers, Acting Secretary of Homeland Security, Respondents, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
October 6, 2014.
October 6, 2014.
Attorney(s) appearing for the Case
Elianis N. Pérez , Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation, with whom Sarah B. Fabian , Trial Attorney, District Court Section, Stuart F. Delery , Assistant Attorney General, Civil Division, Colin A. Kisor , Director, Office of Immigration Litigation, and Elizabeth J. Stevens , Assistant Director, were on brief, for respondents-appellants Steve Souza, Eric H. Holder, Jr., John Sandweg, Sean Gallagher, Christopher J. Donelan, Michael G. Bellotti, Steven W. Tompkins, Thomas M. Hodgson, Joseph D. McDonald, Jr., and Jeh C. Johnson.
Alina Das , Sean McMahon , Legal Intern, Etan Newman , Legal Intern, and Washington Square Legal Services, Inc., Immigrant Rights Clinic, on brief for Detention Watch Network, Families for Freedom, Greater Boston Legal Services, Harvard Immigration and Refugee Clinical Program, Immigrant Defense Project, Immigrant Rights Clinic, Maine People's Alliance, National Immigrant Justice Center, Political Asylum/Immigration Representation (PAIR) Project, University of Maine School of Law Immigrant and Refugee Rights Clinic, as amici curiae in support of petitioners-appellees Castañeda & Gordon.
Prasant D. Desai , and Iandoli & Desai, P.C., on brief for American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Massachusetts, American Immigration Lawyers Association, and the National Immigration Project of the National Lawyers Guild, as amici curiae in support of petitioner-appellee Castañeda.
Before TORRUELLA, DYK, and THOMPSON, Circuit Judges.
United States Court of Appeals, First Circuit.
DYK, Circuit Judge.
In these consolidated habeas cases, we must determine whether the petitioners, two aliens, are subject to the mandatory detention provision of the Immigration and Nationality Act, 8 U.S.C. § 1226(c). Subsection 1226(c) provides that the Attorney General "shall take into custody any alien," who has committed certain predicate crimes, "when the alien is released." Unlike other aliens facing the possibility...
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