D'ALESSANDRO v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• agreeing that “an alien should not be effectively punished for pursuing applicable legal remedies.”
• stating that the six-month period includes the “90-day removal period plus three months”
• finding ICE's failure to follow requirements of § 241.4 violated alien's right to procedural due process and ordering alien's release
• accepting, in the habeas case, that Plaintiff’s detention was under the post-removal- period detention statute set forth at 8 U.S.C. §1231
• rejecting the government’s argument “that an application for a stay ‘act[s] as a temporary waiver of constitutional due process protections [so as to] . . . permit [the Government] to forego the statutory and regulatory procedures for justifying continued detention.”
• government failed to rebut presumption that deportation is not reasonably foreseeable when \[r]espondents ... can come forward with nothing other than an assertion that [detainee's] detention will end at some unspecified and unpredictable time\

Source: CourtListener parenthetical corpus (CC0).