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DOE v. TOMPKINS

No. 19-1368.

11 F.4th 1 (2021)

John DOE, Petitioner, Appellee, v. Steven W. TOMPKINS, Suffolk County Sheriff; Yolanda Smith, Superintendent of Suffolk County Correctional Facility; Todd M. Lyons, Immigration and Customs Enforcement, Enforcement and Removal Operations, Acting Field Office Director, Respondents, Appellants.

United States Court of Appeals, First Circuit.

August 26, 2021.

Attorney(s) appearing for the Case

Huy M. Le , Trial Attorney, with whom Joseph H. Hunt , Assistant Attorney General, Civil Division, William C. Peachey , Director, Office of Immigration Litigation, Colin A. Kisor , Deputy Director, Elianis N. Perez , Assistant Director, Lauren Fascett , Senior Litigation Counsel, and C. Frederick Sheffield , Senior Litigation Counsel, were on brief, for appellants.

Mary P. Holper , with whom Boston College Legal Services LAB Immigration Clinic was on brief, for appellee.

Jerome P. Mayer-Cantú on brief for 34 Retired Immigration Judges and Former Members of the Board of Immigration Appeals, amici curiae.

Ragini N. Shah , Suffolk University Law School Immigration Clinic, Sarah Sherman-Stokes , and Boston University School of Law Immigrants' Rights and Human Trafficking Program, on brief for American Immigration Lawyers' Association, New England Chapter, Suffolk University Law School, and Boston University School of Law, amici curiae.

Before Lynch, Lipez, and Kayatta, Circuit Judges.

Petitioner John Doe, a native and citizen of El Salvador, was detained by the government under 8 U.S.C. § 1226(a), which provides for the discretionary detention of noncitizens pending removal proceedings. Doe was denied bond at a hearing before an immigration judge (IJ) who, consistent with immigration regulations,...

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