Sylvain v. Attorney General of the United States

714 F.3d 150, 2013 WL 1715304, 2013 U.S. App. LEXIS 7937
CourtCourt of Appeals for the Third Circuit
DecidedApril 22, 2013
DocketNo. 11-3357
StatusPublished
Cited by50 cases

This text of 714 F.3d 150 (Sylvain v. Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sylvain v. Attorney General of the United States, 714 F.3d 150, 2013 WL 1715304, 2013 U.S. App. LEXIS 7937 (3d Cir. 2013).

Opinion

OPINION

SMITH, Circuit Judge.

Statutory language is important. It takes on added significance when a person’s freedom is at stake. Under the Immigration and Nationality Act, immigration officials “shall take into custody any” deportable alien who has committed various crimes “when the alien is released” from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without any possibility of release while awaiting their removal proceedings. Id. § 1226(c)(2). The scheme is known as mandatory detention.

This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so '‘when the alien is released”? The answer turns on the interplay between several provisions of the Act. We conclude that dilatory officials do not lose authority, and so we will reverse the District Court’s decision to the contrary.

I

Michel Sylvain is a citizen of Haiti. He entered the United States as a legal permanent resident in 1988. Since then, Syl-vain has had multiple run-ins with the law. In total, he has been convicted of over ten drug-related crimes—indeed, he once served a three-year prison sentence for making and selling cocaine, and he spent a week in jail for possessing drugs as recently as 2003. He also has been convicted for unlawfully possessing a weapon and for criminal mischief. Suffice it to say, Syl-vain has not been a model noncitizen while living in the United States.

Most recently, Sylvain was arrested in 2007 for possessing drugs. He pled guilty and received a conditional discharge. Under New York law, a conditional discharge does not require “imprisonment or probation.” N.Y. Penal Law § 65.05(2). A person who receives a conditional discharge generally must perform community service—although no direct supervision is necessary. See id. (noting that defendants subject to a conditional .discharge must meet “such conditions as the court may determine”). This means that Sylvain did not see the inside of a jail cell for nearly a decade.

[153]*153Sylvain’s luck ran out two years ago. Officials from Immigration and Customs Enforcement arrested him on April 12, 2011. They concluded that he was deport-able under the Immigration and Nationality Act because he had committed various deportable offenses—in particular, he was an aggravated felon with a history of drug crimes. See 8 U.S.C. § 1227(a)(2)(A)(iii), (a)(2)(B)(i). The officials further concluded that he was subject to mandatory detention under 8 U.S.C. § 1226(c) and held him without a bond hearing. They reached this conclusion even though Syl-vain was last in custody on drug charges in 2007, nearly four years before his arrest in 2011.1

One month after his arrest, Sylvain petitioned for a writ of habeas corpus in the District Court for the District of New Jersey. Sylvain did not challenge his remova-bility. Rather, he argued that mandatory detention did not apply to him. In his view, the phrase “when ... released” in § 1226(c)(1) means that immigration officials must detain aliens at the moment of their release from prior custody. If the officials delay—as they did in his case— mandatory detention does not apply. He thus argued that he was eligible for a bond hearing. The District Court agreed and granted his petition on June 28, 2011. Syl-vain received a hearing, paid bond, .and is no longer in custody. The parties tell us that his next removal hearing is on July 24, 2014.

The government appealed. It argues that mandatory detention does not require immediate detention. As a result, the officials retained authority to impose mandatory detention despite their four-year delay. For his part, Sylvain continues to argue that officials must act immediately. He also argues for the first time on appeal that the conditional discharge following his 2007 conviction was not a “release! ]” within the meaning of the statute. 8 U.S.C. § 1226(c)(1) (“The Attorney General shall take into custody any alien [who has committed various crimes] when the alien is released.” (emphasis added)).

II

Congress created mandatory detention less than twenty years ago. Under the original text of the Immigration and Naturalization Act, all deportable aliens were eligible for a bond hearing. See Patel v. Zemski 275 F.3d 299, 304 (3d Cir.2001), abrogated by Demore v. Kim, 538 U.S. 510, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003). As time passed and crime rates soared, Congress began making it more difficult for aliens to receive a bond hearing. Id. This culminated in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 § 303, 8 U.S.C. § 1226.2 The Act establishes a general rule that allows bond hearings for most aliens and an exception for some criminals—the former in subsection (a), the latter in subsection (c):

(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) of this section and pending such decision, the Attorney General—
[154]*154(1) may continue to detain the arrested alien; and
(2) may release the alien ón&emdash;
(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
(B) conditional parole
(c) Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who&emdash;
(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section 1227(a)(2)(A)® of this title on the basis1 of an offense for which the alien has been sentence [sic] to a term of imprisonment of at least 1 year, or
(D) is inadmissible under section 1182(a)(3)(B) of this title or deporta-ble under section 1227(a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
M.D. Pennsylvania, 2026
Untitled Case
D. New Jersey, 2026
Kudzai Shonhai v. Craig Lowe
M.D. Pennsylvania, 2026
Kemar Rogelo White v. Craig Lowe
M.D. Pennsylvania, 2025
Santos v. Lowe
M.D. Pennsylvania, 2020
GAYLE v. ELWOOD
D. New Jersey, 2019
United States v. Ilma Soriano Nunez
928 F.3d 240 (Third Circuit, 2019)
Nielsen v. Preap
586 U.S. 392 (Supreme Court, 2019)
Hamama v. Adducci
285 F. Supp. 3d 997 (E.D. Michigan, 2018)
Steinle v. City & County of San Francisco
230 F. Supp. 3d 994 (N.D. California, 2017)
Mony Preap v. Jeh Johnson
831 F.3d 1193 (Ninth Circuit, 2016)
Lora v. Shanahan
Second Circuit, 2015
Sutherland v. Shanahan
108 F. Supp. 3d 172 (S.D. New York, 2015)
Baker v. Johnson
109 F. Supp. 3d 571 (S.D. New York, 2015)
Young v. Aviles
99 F. Supp. 3d 443 (S.D. New York, 2015)
Olmos v. Holder
780 F.3d 1313 (Tenth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
714 F.3d 150, 2013 WL 1715304, 2013 U.S. App. LEXIS 7937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvain-v-attorney-general-of-the-united-states-ca3-2013.