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HASSOUN v. SEARLS

No. 20-2056-cv August Term 2020.

976 F.3d 121 (2020)

Adham Amin HASSOUN, Petitioner-Appellee, v. Jeffrey SEARLS, in his official capacity as Acting Assistant Field Office Director and Administrator of the Buffalo Federal Detention Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2020.

Attorney(s) appearing for the Case

Jonathan Hafetz ( Brett Max Kaufman , Charles Hogle , Judy Rabinovitz , Celso Perez , for the American Civil Liberties Union Foundation, New York, NY; Scott Michelman , Arthur B. Spitzer , for the American Civil Liberties Union Foundation of the District of Columbia, Washington, DC; A. Nicole Hallett , for the Mandel Legal Aid Clinic, University of Chicago Law School, Chicago, IL; Jonathan Manes , for the Roderick & Solange MacArthur Justice Center, Chicago, IL, on the brief), for Petitioner-Appellee.

Steven A. Platt , Counsel for National Security ( Ethan P. Davis , Acting Assistant Attorney General; William C. Peachey , Director; Timothy M. Belsan , Chief; John J.W. Inkeles , Counsel for National Security, for the Office of Immigration Litigation, United States Department of Justice, Washington, DC; Daniel B. Moar , Assistant United States Attorney, for James P. Kennedy, Jr. , United States Attorney for the Western District of New York, Buffalo, NY, on the brief), for Respondent-Appellant.

Stephen I. Vladeck , Austin, TX, for amicus curiae Stephen I. Vladeck.

Before: Cabranes, Sullivan, and Menashi, Circuit Judges.

On June 29, 2020, the U.S. District Court for the Western District of New York ordered the government to release Adham Amin Hassoun from immigration detention. Hassoun v. Searls, No. 19-CV-370, ___ F.Supp.3d ___, ___, 2020 WL 3496302, at *19 (W.D.N.Y. June 29, 2020). While the government's appeal of that order was...

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