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· 4/9/2015

Jose Chavez-Alvarez v. Warden York County Prison

Citations

  • 783 F.3d 469
  • 2015 U.S. App. LEXIS 5732
  • 2015 WL 1567019

How courts have described this case

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

  • recognizing that mandatory detention under § 1226(c) becomes unjustified around the one-year mark unless the alien engages in delay tactics
  • recognizing that mandatory detention under § 1226(c) becomes unjustified around the one- year mark unless the alien engages in delay tactics
  • holding that detention approaching or exceeding one year without a meaningful bond hearing raises serious constitutional concerns
  • holding that petitioner detained under § 1226(c) for one year must receive bond hearing
  • noting that petitioner was “being held in detention at York County Prison with those serving terms of imprisonment as a penalty for their crimes”
  • holding “at a certain point . . . the burden to an alien’s liberty outweighs a mere presumption that the alien will flee and/or is dangerous.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Jordan, Nygaard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.