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DA GRACA v. SOUZA

No. 20-2117.

991 F.3d 60 (2021)

In re: Aires DA GRACA; Conroy Lewis; Cyril Okoli; Darlin Alberto Guillermo; Dimitar Daskalov; Edson Martins; Emmanuel Lopez; Flavio Prado Junior; Fred Kayitare; Gabriel De La Paz; Joao Amado; Keith Williams, Petitioners, v. Steven J. SOUZA, in his official capacity as Superintendent of the Bristol County House of Correction, Respondent, Tae D. Johnson, in his official capacity as Acting Director for U.S. Immigration and Customs Enforcement; Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security; Immigration Customs Enforcement; Todd M. Lyons, in his official capacity as Acting Director of the Boston Field Office of Immigration and Customs Enforcement; Thomas M. Hodgson, in his official capacity as Bristol County Sherriff, Respondents.

United States Court of Appeals, First Circuit.

March 17, 2021.

Attorney(s) appearing for the Case

Sameer Ahmed , with whom the Harvard Law School Crimmigration Clinic was on brief, for petitioners.

Christina Parascandola , Senior Litigation Counsel, Office of Immigration Litigation, with whom Jeffrey Bossert Clark , Acting Assistant Attorney General, William C. Peachey , Director, Office of Immigration Litigation, Jeffrey S. Robins , Deputy Director, Office of Immigration Litigation, William C. Silvis , Assistant Director, Office of Immigration Litigation, Michelle M. Ramus , Trial Attorney, Office of Immigration Litigation, Thomas E. Kanwit , Assistant United States Attorney, and Michael Fitzgerald , Assistant United States Attorney, were on brief, for respondents.

Before Lynch, Selya, and Kayatta, Circuit Judges.

Petitioners are immigration detainees primarily held at the Bristol County House of Correction ("BCHOC"). Respondents include state correction officials and federal U.S. Immigration and Customs Enforcement ("ICE") officials who secured petitioners' detention after they were picked up, usually after commission of criminal felony...

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