Monday, June 11th, 2018

Mandatory Detention Habeas Victory: Charles v. Shanahan

"This case concerns the issue of whether the "when . . . released" clause in § 1226(c) means that an individual must be detained immediately after being released from custody or can be detained at some point in time after release from custody.  For the reasons expressed below, this Court finds that "when . . . released" in § 1226(c) means detention must occur immediately after release from criminal custody. Because Petitioner was detained ten years after being sentenced to a conditional discharge and therefore, was not incarcerated for that conviction, the Court will grant the Amended Petition for Habeas Corpus and order an Immigration Judge to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a)(2)." – Charles v. Shanahan, Oct. 9, 2012