GUERRERO-SANCHEZ v. WARDEN YORK COUNTY PRISON

Nos. 16-4134 & 17-1390.

905 F.3d 208 (2018)

Rafael Ignacio GUERRERO-SANCHEZ v. WARDEN YORK COUNTY PRISON; District Director Philadelphia Field Office; Jacqueline Osterlind; Thomas S. Winkowaski; Secretary United States Department of Homeland Security, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 26, 2018.


Attorney(s) appearing for the Case

Chad A. Readler , William C. Peachey , Sarah Fabian , Joseph A. Darrow [Argued], United States Department of Justice, Office of Immigration Litigation, District Court Section, P.O. Box 868, Ben Franklin Station, Washington, D.C. 20044 Counsel for Appellants.

Daniel B. Conklin [Argued], The Shagin Law Group, 120 South Street, Harrisburg, PA 17101, Counsel for Appellee.

Witold J. Walczak , 247 Ft. Pitt Blvd., 2nd Floor, Pittsburgh, PA 1522, Counsel for Amici Appellee, American Civil Liberties Union of Pennsylvania.

Golnaz Fakhimi , P.O. Box 60173, Philadelphia, PA 19102, Counsel for Amici Appellee, American Civil Liberties Union of Pennsylvania.

Michael Tan , Judy Rabinovitz , 125 Broad Street, 18th Floor, New York, NY 10004, Counsel for Amici Appellee, American Civil Liberties Union Foundation Immigrants' Rights Project.

Farrin R. Anello , Edward Barocas , Jeanne LoCicero , 89 Market Street', 7th floor, P.O. Box 32159, Newark, NJ 07102, Counsel for Amici Appellee, American Civil Liberties Union of New Jersey Foundation.

Trina Realmuto , 100 Summer Street, 23rd Floor, Boston, MA 02110, Counsel for Amici Appellee, American Immigration Counsel.

Mark R. Barr , Lichter Immigration, 1601 Vine Street, Denver, CO 80206, Counsel for Amici Appellee, American Immigration Lawyers Association.

Before: GREENAWAY, JR., RENDELL, and FUENTES, Circuit Judges.


OPINION

Rafael Guerrero-Sanchez, a native and citizen of Mexico whose original removal order was reinstated pursuant to 8 U.S.C. § 1231(a)(5), was detained by Immigration and Customs Enforcement ("ICE") from May 2015 to February 2017 while he awaited the Immigration Court's decision on whether he would...

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