Friday, July 1, 2011

Habeas Victory in NJ: Sylvain v. Holder

“Because the Attorney General did not take Petitioner into custody when he was released from incarceration in approximately 2007 (or earlier), but waited to take him into custody until 2011, Petitioner is not subject to mandatory detention under § 1226(c)(1). Instead, Petitioner's pre-removal-period detention is governed by 8 U.S.C. § 1226(a), which authorizes the Immigration Judge to release him on bond. This Court grants a Writ of Habeas Corpus and directs that an Immigration Judge must provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226(a)(2), within 10 days of the date of the entry of the Order accompanying this Opinion.”

et al., Respondents.Civil No. 11-3006 (JAP)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 2011 U.S. Dist. LEXIS 69591, June 28, 2011, Decided, June 28, 2011, Filed