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GAYLE v. WARDEN MONMOUTH COUNTY CORRECTIONAL INST.

No. 19-3241.

12 F.4th 321 (2021)

Garfield O. GAYLE; Neville Sukhu, Appellants v. WARDEN MONMOUTH COUNTY CORRECTIONAL INSTITUTION; Secretary United States Department of Homeland Security; Attorney General of the United States of America; Director of Immigration and Customs Enforcement; Director of the Executive Office of Immigration Review; John Tsoukaris, in his official capacity as Field Office Director for Enforcement and Removal Operations, Newark Field Office of U.S. Immigration and Customs Enforcement; Thomas Decker, in his official capacity as the Field Office Director for Enforcement and Removal Operations, New York City Field Office of U.S. Immigration and Customs Enforcement; Warden Bergen County Jail; Warden Elizabeth County Detention Center; Warden Essex County Correctional Facility; Director Delaney Hall Detention Facility; Director Hudson County Correctional Facility.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 3, 2021.

Attorney(s) appearing for the Case

Lawrence S. Lustberg [ARGUED], Michael R. Noveck , Gibbons, One Gateway Center, Newark, NJ 07102, Counsel for Appellants.

Stefanie N. Hennes , Craig W. Kuhn , Dhruman Y. Sampat [ARGUED], United States Department of Justice, Office of Immigration Litigation, P.O. Box 868, Ben Franklin Station, Washington, DC 20044, Counsel for Appellees.

Before: AMBRO, KRAUSE, and PHIPPS, Circuit Judges.

OPINION OF THE COURT

Under 8 U.S.C. § 1226(c), the Government must detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and it must hold them without bond pending their removal proceedings. This appeal asks us to decide what process is due...

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