Legal Opinion

Hosh v. Lucero

Court of Appeals for the Fourth Circuit

Decided May 25, 2012No. 11-1763PublishedCited by 51 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Senior Judge MOON wrote the opinion, in which Judge KEENAN and Judge FLOYD concurred.

OPINION

MOON, Senior District Judge:

Title 8, United States Code, Section 1226(c) requires the mandatory federal detention, without the possibility of bond, of certain deportable criminal aliens “when” those aliens are released from other custody. The issue in this case is whether, as the district court held, Appellee, a deportable criminal alien who was not immediately taken into federal custody upon his release from other custody, is exempt from § 1226(c)’s…

2Cases cited30 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  4. Demore v. KimSupreme Court of the United States · 2003
  5. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993

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3Cited by51 opinions

  1. Lora v. ShanahanCourt of Appeals for the Second Circuit · 2015
  2. Sylvain v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2013
  3. Castañeda v. SouzaCourt of Appeals for the First Circuit · 2015
  4. Rosciszewski v. AdducciDistrict Court, E.D. Michigan · 2013
  5. Johnson v. OrsinoDistrict Court, S.D. New York · 2013

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