Saturday, January 28th, 2017

Detention Habeas Victory in Pennsylvania: Bautista v. Sabol


Raymond Lahoud writes: "We had a very good victory today in the MDPA with respect to mandatory detention.  This is a case that I have been working on for years and was before the BIA for oral arguments last year.  The District Court granted our habeas petition in a strongly worded opinion."

"[T]he Court will grant Bautista’s Habeas Petition insofar as he requests a bail hearing. While courts have declined to establish concrete rules for appropriate detention periods, there exists a point–somewhere around the seven-month mark–where pre-removal detention becomes universally questionable. Bautista’s detention, today nearing twenty-six months, has exceeded