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REID v. DONELAN

Nos. 14-1270, 14-1803, 14-1823.

819 F.3d 486 (2016)

Mark Anthony REID, Petitioner, Appellee/Cross-Appellant, v. Christopher DONELAN, Sheriff, Franklin County, Massachusetts; David A. Lanoie, Superintendent, Franklin County Jail and House of Correction; Thomas M. Hodgson, Sheriff, Bristol County, Massachusetts; Joseph D. McDonald, Jr., Sheriff, Plymouth County, Massachusetts; Steven W. Tompkins, Sheriff, Suffolk County, Massachusetts; Jeh Charles Johnson, United States Secretary of Homeland Security; Dorothy Herrera-Niles, Director, Immigration and Customs Enforcement, Boston Field Office; John T. Morton, Director of Immigration and Customs Enforcement; Eric H. Holder, Jr., Attorney General; Juan Osuna, Director of the Executive Office for Immigration Review; Executive Office for Immigration Review, Respondents, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

April 13, 2016.

Attorney(s) appearing for the Case

Elianis N. Perez , Senior Litigation Counsel, with whom Joyce Branda , Acting Assistant Attorney General, Civil Division, William C. Peachey , Director, Office of Immigration Litigation, District Court Section, Colin A. Kisor , Deputy Director, and Regan Hildebrand , Senior Litigation Counsel, Officer of Immigration Litigation, District Court Section, were on brief, for appellant.

Anant K. Saraswat and Swapna C. Reddy , Law Student Intern, with whom Mark C. Fleming , Wilmer Cutler Pickering Hale and Dorr LLP, Ahilan T. Arulanantham , Michael Tan , ACLU Immigrants' Rights Project, Nicole Hallett , Supervising Attorney, Michael Wishnie , Supervising Attorney, Conchita Cruz , Law Student Intern, Grace Kao , Law Student Intern, Lunar Mai , Law Student Intern, My Khanh Ngo , Law Student Intern, Ruth Swift , Law Student Intern, and Jerome N. Frank Legal Services, were on brief, for appellee.

Before HOWARD, Chief Judge, SELYA and STAHL, Circuit Judges.

Under 8 U.S.C. § 1226(c), aliens who have committed certain criminal offenses are subject to mandatory detention after serving their criminal sentence and pending their removal proceedings. Petitioner, a lawful permanent resident, committed such offenses, served his sentence, and then was held under § 1226(c) without...

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