Gordon v. Lynch

LYNCH, Circuit Judge.

This court, sitting en banc in Castañeda v. Souza, 810 F.3d 15 (1st Cir. 2015) (en banc), divided evenly over the question of whether the “when ... released” clause in 8 U.S.C. § 1226(c)(1) limits the scope of § 1226(c)(2). More specifically, the question was whether § 1226(c)(2) categorically “bars the Attorney General from releasing certain aliens on bond once they have been placed in immigration custody” only if she takes those aliens into immigration custody “ ‘when [they are] released’ from criminal custody.” Castañeda, 810 F.3d at 18-19 (opinion of Barron, J.)…