Diop v. Ice/Homeland Security

How courts have described this case

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

• holding that analysis of Section 1226(c) procedural due process claims “will necessarily be a fact-dependent inquiry that will vary depending on individual circumstances”
• holding that prolonged detention without an individualized inquiry into necessity violates due process
• noting that the due process analysis under section 1226(c) is “necessarily ... a fact-dependent inquiry that will vary depending on individual circumstances”
• holding that noncitizen’s release from pre-removal- order custody under 8 U.S.C. § 1226(c) did not moot his habeas petition where, unlike here, there was a non-speculative possibility that the petitioner could be subject to the complained-of detention again
• concluding “that reasonableness must take into account errors in the proceedings that cause unnecessary delay. No system of justice can be error-free, and those errors require time to fix.”
• noting that the inquiry into whether detention has become unreasonable “will necessarily be a fact-dependent inquiry that will vary depending on individual circumstances” and “declining] to establish a universal point at which detention will always be considered unreasonable”

Source: CourtListener parenthetical corpus (CC0).