Hodge v. Bryan

How courts have described this case

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

• “rejecting government’s position that a post-arrest, preconviction release could subject an immigrant to mandatory detention”
• “[T]his Court must adopt the interpretation of section 236(c) that favors removable aliens: the time-limiting construction.”
• “[W]hy would a statute whose application depends on the presence of a conviction direct the immigration authorities to apply the statute before conviction could possibly have occurred?”
• “[T]he government’s construction of section 236(c) would confer limitless authority on the Attorney General to pluck immigrants from their families and communities with no hope of release pending removal—even decades after criminal confinement.”
• “In light of the factual distinctions between this case and Rojas, the most reasonable interpretation is that the BIA has not addressed the more difficult question presently before this court: whether to adopt the duty-triggering or the time-limiting constructions of section 236(c).”
• explaining the two approaches and listing decisions

Source: CourtListener parenthetical corpus (CC0).