Hosh v. Lucero

How courts have described this case

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

• holding that a criminal alien who is not immediately taken into immigration custody after his release from criminal custody is not exempt from section 1226(c)’s mandatory detention provision
• reasoning that the phrase “when ... released” is ambiguous and deferring to the BIA’s \permissible construction\
• explaining this reasoning as an alternative basis for its adoption of duty-triggering construction in deference to Rojas
• giving deference to Matter of Rojas when petitioner had been released three years before he was taken in to ICE custody
• noting that although the statute was ambiguous and the BIA’s decision correctly decided, even were it not so, the Government would retain its authority to apprehend an individual long after the date of release from custody under the “loss of authority” doctrine
• “[T]he conditional requirements needed to invoke Chevron do exist, and we therefore rely on Chevron instead of the rule of lenity”

Source: CourtListener parenthetical corpus (CC0).