HECHAVARRIA v. SESSIONS

No. 15-CV-1058.

JOSEPH E. HECHAVARRIA, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General of the United States; MICHAEL PHILIPS, Field Director for Department of Homeland Security Immigration and Customs Enforcement Detention and Removal; and TODD TRYON, Facility Director, Buffalo Federal Detention Facility Respondents.

United States District Court, W.D. New York.

November 2, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Nature of Suit: 463 Habeas Corpus - Alien Detainee
Source: PACER


Attorney(s) appearing for the Case

Joseph E. Hechavarria, Petitioner, represented by Timothy W. Hoover , Hodgson Russ LLP & Spencer Leeds Durland , Hodgson Russ LLP.

Loretta E. Lynch, Attorney General of the United States, Michael Philips, Field Director for Department of Homeland Security Immigration and Customs Enforcement Detention and Removal & Todd Tryon, Facility Director, Buffalo Federal Detention Facility, Respondents, represented by Allison R. Frayer , Office of Immigration Litigation, Daniel Barrie Moar , U.S. Attorney's Office & Jesi Jean Carlson , U.S. Department of Justice.


Decision and Order

Petitioner Joseph E. Hechavarria is a "criminal alien" who is subject to mandatory detention while he awaits judicial review of his final order of removal, pursuant to the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c). See Jennings v. Rodriguez, 

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