UNITED STATES v. BALTAZAR-SEBASTIAN

No. 20-60067.

990 F.3d 939 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Melecia BALTAZAR-SEBASTIAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 10, 2021.


Attorney(s) appearing for the Case

Kathryne Gray , U.S. Department of Justice Office of Immigration Litigation-District Court Section, Ben Franklin Station, Washington, DC, Gaines H. Cleveland , Assistant U.S. Attorney, Shundral Hobson Cole , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Mississippi, Gulfport, MS, for Plaintiff-Appellant.

Terri Denise Murry-Whalen , Whalen Firm, Jackson, MS, Samuel Callahan , Janine Marie Lopez , Andrew T. Tutt , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, Jeremy Jong , New Orleans, LA, Omodare Jupiter, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Mississippi, Jackson, MS, for Defendant-Appellee.

Matthew Rowen , Michael Dallas Lieberman , Kirkland & Ellis, L.L.P., Washington, DC, for Amicus Curiae R. Street Institute.

S. Conrad Scott , Covington & Burling, L.L.P., New York City, NY, for Amici Curiae Mississippi Center for Justice, Southeast Immigration Rights Network.

Matthew Vogel , National Immigration Project of the National Lawyers Guild, Washington, DC, for Amicus Curiae National Immigration Project of the National Lawyers Guild.

Before Barksdale, Southwick, and Graves, Circuit Judges.


Primarily at issue is whether the United States Department of Homeland Security's Immigration and Customs Enforcement Agency (ICE) may, under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq., civilly detain a criminal defendant after she has been granted pretrial release pursuant...

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