In an unpublished decision, the U.S. District Court for the District of New Jersey held that the Court may consider granting habeas relief to an individual detained by the Department of Homeland Security under the INA’s mandatory detention provision. Akinola v. Weber, No. 09-3415, slip op. (D.N.J. Jan. 26, 2010). Judge William J. Martini issued the opinion and order. This case involved a non-citizen held by DHS pending removal proceedings. Akinola, No. 09-3415, slip op. at 1. Akinola was subject to mandatory detention under INA § 236(c) due to several criminal convictions. Akinola v. Weber, [...]

In an order released earlier this week, a judge in the U.S. District Court for the District of Arizona held that the INA's mandatory detention provision, INA § 236(c), does not apply to offenses committed before October 1, 1998. Ortiz v. Napolitano, No. CV 009-0045-PHX-MHM, slip op. (D. Az. Oct. 19, 2009) (Murguia). As a result, DHS cannot rely on the mandatory detention provision to keep people detained who were released from custody for the removable offense prior to October 1, 1998 even if they were later detained for a non-removable offense. Ortiz, No. CV 009-0045-PHX-MHM, slip op. [...]