Second Circuit· 10/28/2015

Lora v. Shanahan

Citations

804 F.3d 601
2015 U.S. App. LEXIS 18803
2015 WL 6499951

How courts have described this case

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

holding that an alien must be released unless the government demonstrates, at a bond hearing, that the alien “poses a risk of flight or a risk of danger to the community”
holding that an alien must be released unless the government demonstrates, at a bond hearing, that the alien “poses a risk of flight or a risk of danger to the community”
noting that defendant who pled guilty to criminal possession of cocaine with intent to sell was not detained by ICE despite being removable
deeming it ambiguous whether the “when ... released” clause “is part of the definition of aliens subject to mandatory detention” without considering statutory context
assigning the burden to the government by clear and convincing evidence under § 1226(c)
collecting cases and noting, that “the pervasive inconsistency and confusion exhibited ' by district courts .., when asked to apply a reasonableness test on a case-by-'case basis weighs, in our view, in favor of adopting an approach that affords more certainty and predictability”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Parker, Wesley

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Lora v. Shanahan

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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