In a very interesting case, the First Circuit Court of Appeals, in Saysana v. Gillen, ruled against the government in an immigration case centered around the denial of bond to detainee and the mandatory detention provision of 8 U.S.C. § 1226(c). Here’s the introduction of the opinion, written by Judge Kenneth F. Ripple:
In 2007, Houng Saysana was taken into custody by Immigration and Customs Enforcement (“ICE”) and held without bond. After agency proceedings in which bond was again denied, he filed this petition for habeas corpus in the district court, challenging the conclusion of the Board of Immigration Appeals (“BIA” or “Board”) that he is subject to the mandatory detention provision in 8 U.S.C. § 1226(c). The district court concluded that the Board had misinterpreted the statute, and it granted the writ. The Government timely appealed. Because we conclude that the Government has adopted an interpretation contrary to the plain meaning of the statute, we affirm the judgment of the district court. We also hold, in the alternative, that, even if the statute were ambiguous, the position of the Government is not a reasonable one.
Further along, Judge Ripple writes the following:
We conclude that the meaning of the statute is clear on the issue before us; the statute contemplates mandatory detention following release from non-DHS custody for an offense specified in the statute, not merely any release from any non-DHS custody. We further conclude that, even if the statute were ambiguous, the interpretation of the Board is not reasonable. Accordingly, we must affirm the judgment of the district court.