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HECHAVARRIA v. SESSIONS

Docket No. 16-1380. August Term, 2017.

891 F.3d 49 (2018)

Joseph Emanuel HECHAVARRIA, Petitioner-Appellant, v. Jefferson B. SESSIONS III, Attorney General of the United States, Michael Philips, Field Director for Department of Homeland Security Immigration and Customs Enforcement Detention and Removal, Todd Tryon, Facility Director, Buffalo Federal Detention Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 16, 2018.

Amended: May 22, 2018.

Attorney(s) appearing for the Case

JOSEPH EMANUEL HECHAVARRIA, Batavia, N.Y., pro se.

JESI J. CARLSON , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice ( Chad A. Readler , Acting Assistant Attorney General, Civil Division, John W. Blakeley , Assistant Director, Office of Immigration Litigation, on the brief), Washington, D.C., for Respondents-Appellees.

VILIA B. HAYES , Hughes Hubbard & Reed LLP, ( Malik Havalic , Dustin P. Smith , on the brief), New York, N.Y., Amicus Curiae, in support of Petitioner-Appellant.

Before: POOLER, SACK, Circuit Judges, and ENGELMAYER, District Judge.

AMENDED OPINION

The Immigration and Nationality Act ("INA") provides for the detention of immigrants under various circumstances, two of which are at issue in this case. Immigrants who have been ordered removed are detained during their "removal period" under 8 U.S.C. § 1231(a). "Criminal aliens" are detained...

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