Wednesday, June 6th, 2018

CA3 on Mandatory Detention, ‘When…Released’ – Sylvain v. Atty. Gen.

"This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so "when the alien is released"?  The answer turns on the interplay between several provisions of the Act.  We conclude that dilatory officials do not lose authority, and so we will reverse the District Court‘s decision to the contrary." – Sylvain v. Atty. Gen., Apr. 22, 2013.