PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ Nos. 16-4134 & 17-1390 _____________ RAFAEL IGNACIO GUERRERO-SANCHEZ v. WARDEN YORK COUNTY PRISON; DISTRICT DIRECTOR PHILADELPHIA FIELD OFFICE; JACQUELINE OSTERLIND; THOMAS S. WINKOWASKI; SECRETARY UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Appellants ______________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (D.C. Civ. Action No. 1:15-cv-02423) District Judge: Honorable William W. Caldwell ______________ Argued April 18, 2018 ______________ Before: GREENAWAY, JR., RENDELL, and FUENTES, Circuit Judges. (Opinion Filed: September 26, 2018) ______________ OPINION ______________ Chad A. Readler William C. Peachey Sarah Fabian Joseph A. Darrow [Argued] United States Department of Justice Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Counsel for Appellants Daniel B. Conklin [Argued] The Shagin Law Group 120 South Street Harrisburg, PA 17101 Counsel for Appellee Witold J. Walczak 247 Ft. Pitt Blvd. 2nd Floor Pittsburgh, PA 1522 Counsel for Amici Appellee, American Civil Liberties Union of Pennsylvania 2 Golnaz Fakhimi P.O. Box 60173 Philadelphia, PA 19102 Counsel for Amici Appellee, American Civil Liberties Union of Pennsylvania Michael Tan Judy Rabinovitz 125 Broad Street 18th Floor New York, NY 10004 Counsel for Amici Appellee, American Civil Liberties Union Foundation Immigrants’ Rights Project Farrin R. Anello Edward Barocas Jeanne LoCicero 89 Market Street’ 7th floor P.O. Box 32159 Newark, NJ 07102 Counsel for Amici Appellee, American Civil Liberties Union of New Jersey Foundation Trina Realmuto 100 Summer Street 23rd Floor Boston, MA 02110 Counsel for Amici Appellee, American Immigration Counsel 3 Mark R. Barr Lichter Immigration 1601 Vine Street Denver, CO 80206 Counsel for Amici Appellee, American Immigration Lawyers Association GREENAWAY, JR., Circuit Judge. Rafael Guerrero-Sanchez, a native and citizen of Mexico whose original removal order was reinstated pursuant to 8 U.S.C. § 1231(a)(5), was detained by Immigration and Customs Enforcement (“ICE”) from May 2015 to February 2017 while he awaited the Immigration Court’s decision on whether he would be afforded country-specific protection from removal. The District Court determined that his detention was governed by the pre-removal detention provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(a), which affords aliens a right to a bond hearing before an immigration judge to determine if the alien’s detention is necessary while he or she awaits immigration proceedings. At the hearing, the District Court determined that Guerrero- Sanchez posed neither a flight risk nor a danger to society, and therefore released him on bail after 637 days in civil confinement. The Government appeals solely the District Court’s determination of the source of Guerrero-Sanchez’s detention, which it contends is 8 U.S.C. § 1231(a), the post-removal detention authority provision of the INA. In stark contrast to § 1226(a), the text of § 1231(a) does not explicitly authorize a bond hearing. Guerrero-Sanchez, however, contends that his detention raises constitutional concerns even under § 1231(a), 4 and therefore that Congress implicitly intended for that provision to compel a bond hearing after prolonged detention. Thus, in Guerrero-Sanchez’s estimation, he was ...
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