Alexander LORA, Petitioner-Appellee,
v.
Christopher SHANAHAN, in his official capacity as New York Field Officer Director for U.S. Immigration and Customs Enforcement; Diane McConnell, in her official capacity as Assistant Field Office Director for U.S. Immigration and Customs Enforcement; Thomas S. Winkowski, in his official capacity as Principal Deputy Assistant Director of U.S. Immigration and Customs Enforcement; Jeh Johnson, in his official capacity as Secretary of the U.S. Department of Homeland Security; Loretta E. Lynch, in her official capacity as the Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: April 20, 2015.
Decided: October 28, 2015.
Attorney(s) appearing for the Case
Christopher Connolly (Sarah S. Normand, on the brief), Assistant United States Attorneys for Preet Bharara, United States Attorney for the Southern District of New York, for Respondents-Appellants.
Rebecca A. Hufstader, Legal Intern, Luis Angel Reyes Savalza, Legal Intern, (Alina Das and Nancy Morawetz, on the brief), Washington Square Legal Services, Inc., NYU Law School, New York, N.Y.; Bridget Kessler, Brooklyn Defender Services, Brooklyn, N.Y., on the brief, for Petitioner-Appellee.
Ahilan Arulanantham, ACLU Immigrants' Rights Project, Los Angeles, CA; Judy Rabinovitz and Anand Balakrishnan, ACLU Immigrants' Rights Project, New York, N.Y.; Alexis Karteron and Jordan Wells, New York Civil Liberties Union Foundation, New York, N.Y., on the brief, for Amici Curiae American Civil Liberties Union; New York Civil Liberties Union.
Andrea Saenz, Immigration Justice Clinic, Benjamin N. Cardozo School of Law, New York, N.Y., for Amici Curiae the Bronx Defenders; Detention Watch Network; Families for Freedom; Immigrant Defense Project; Immigrant Legal Resource Center; Kathryn O. Greenberg Immigration Justice Clinic; Make the Road New York; National Immigrant Justice Center; National Immigration Project of the National Lawyers Guild; Neighborhood Defender Service of Harlem; New Sanctuary Coalition of New York City; Northern Manhattan Coalition for Immigrant Rights.
Farrin R. Anello, Immigrants' Rights/International Human Rights Clinic, Seton Hall University School of Law, Newark, NJ, for Amici Curiae Professors of Immigration and Constitutional Law.
Before: KEARSE, PARKER, and WESLEY, Circuit Judges.
BARRINGTON D. PARKER, Circuit Judge.
In 1996, with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), Congress significantly expanded the categories of non-citizens subject to mandatory detention pending their removal proceedings.4 Under section 1226(c) of the revised INA, the...
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