Fourth Circuit· 5/25/2012

Hosh v. Lucero

Citations

680 F.3d 375
2012 WL 1890390
2012 U.S. App. LEXIS 10721

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).

Judges: Keenan, Floyd, Moon, Western, Virginia

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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