Legal Opinion

Lora v. Shanahan

Court of Appeals for the Second Circuit

Decided October 28, 2015No. 14-2343-PRPublishedCited by 112 opinions

1Opinion of the Court

BARRINGTON D. PARKER, Circuit Judge.

In 1996, with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress significantly expanded the categories of non-citizens subject to mandatory detention pending their removal proceedings.4 Under section 1226(c) of the revised INA, the Department of Homeland Security (“DHS”) is required to detain aliens who have committed certain crimes “when [they are] released.” The section contains no explicit provision for bail.5 When the constitutionality of section 1226(c) was challenged in Demore v. Kim, 538 U.S. 510, 123…

2Cases cited33 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Demore v. KimSupreme Court of the United States · 2003
  5. Reno v. FloresSupreme Court of the United States · 1993

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3Cited by112 opinions

  1. Velasco Lopez v. DeckerCourt of Appeals for the Second Circuit · 2020
  2. Banda v. McAleenanDistrict Court, W.D. Washington · 2019
  3. Angel Anariba v. Director Hudson County CorrectCourt of Appeals for the Third Circuit · 2021
  4. Rafael Guerrero-Sanchez v. Warden York County PrisonCourt of Appeals for the Third Circuit · 2018
  5. Hechavarria v. SessionsCourt of Appeals for the Second Circuit · 2018

107 more not listed; retrieve them via the Exa API.

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