Legal Opinion
Sylvain v. Attorney General of the United States
Court of Appeals for the Third Circuit
Decided April 22, 2013No. 11-3357PublishedCited by 66 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
Statutory language is important. It takes on added significance when a person’s freedom is at stake. Under the Immigration and Nationality Act, immigration officials “shall take into custody any” deportable alien who has committed various crimes “when the alien is released” from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without any possibility of release while awaiting their removal proceedings. Id. § 1226(c)(2). The scheme is known as mandatory detention.
This case presents a straightforward question: Do…
2Cases cited37 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Demore v. KimSupreme Court of the United States · 2003
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
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3Cited by66 opinions
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- Gayle v. Warden Monmouth County Correctional InstitutionCourt of Appeals for the Third Circuit · 2016
- Castañeda v. SouzaCourt of Appeals for the First Circuit · 2015
- Rosciszewski v. AdducciDistrict Court, E.D. Michigan · 2013
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