Clayton Richard GORDON, on behalf of himself and others similarly situated; Nhan Phung Vu; Gustavo Ribeiro Ferreira; Valbourn Sahidd Lawes; Cesar Chavarria Restrepo, Petitioners, Appellees,
Preciosa Antunes, Petitioner,
v.
Loretta E. LYNCH, Attorney General; John Sandweg, Acting Director; Sean Gallagher, Acting Field Office Director; Christopher J. Donelan, Sheriff; Jeh Charles Johnson, Secretary of Homeland Security; Michael G. Bellotti, Sheriff; Steven W. Tompkins, Sheriff; Thomas M. Hodgson, Sheriff; Joseph D. McDonald, Jr., Sheriff, Respondents, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
November 21, 2016.
November 21, 2016.
Attorney(s) appearing for the Case
Hans H. Chen , Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Sarah B. Fabian , Senior Litigation Counsel, District Court Section, Office of Immigration Litigation, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, Leon Fresco , Deputy Assistant Attorney General, Civil Division, and William C. Peachey , Director, District Court Section, Office of Immigration Litigation, were on brief, for appellants.
Matthew E. Price , Emily A. Bruemmer , and Jenner & Block LLP, Washington, DC, on brief for the American Immigration Lawyers Association, amicus curiae.
George N. Lester , Erin Brummer , Victoria Morte , Stephanie S. Pimentel , Boston, MA, Daniel Ruemenapp , and Fragomen, Del Rey, Bernsen & Loewy, LLP on brief for Families for Freedom, Greater Boston Legal Services, Immigrant Defense Project, National Immigrant Justice Center, and University of Maine School of Law Immigrant and Refugee Rights Clinic, amici curiae.
Before Lynch and Selya, Circuit Judges, and Burroughs, District Judge.
LYNCH, Circuit Judge.
This court, sitting en banc in Castañeda v. Souza, 810 F.3d 15 (1st Cir. 2015) (en banc), divided evenly over the question of whether the "when ... released" clause in 8 U.S.C. § 1226(c)(1) limits the scope of § 1226(c)(2). More specifically...
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