Martinez-Done v. McConnell

OPINION AND ORDER

SHIRAA. SCHEINDLIN, District Judge:

I. INTRODUCTION

On March 26, 2014, Diomedes Martinez-Done, a lawful permanent resident of the United States since 1983, was taken into custody by Immigration and Customs Enforcement officials (“ICE”). At the time, Martinez was serving five years of probation in connection with a 2012 state conviction — his second — for drug possession.

In light of his criminal history, ICE determined that Martinez was subject to mandatory detention under section 236(c) of the Immigration and Nationality Act (“INA”). Section 236(c)(1) provides that the Attorney…