Sylvain v. Attorney General of the United States, No. 11-3357; Third Circuit; opinion by Smith, U.S.C.J.; filed April 22, 2013. Before Judges Smith, Greenaway and Van Antwerpen. On appeal from the District of New Jersey, No. 3-11-cv-03006. [Sat below: Judge Pisano.] DDS No. 51-8-xxxx [30 pp.]
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. The act requires officials to hold such aliens without any possibility of release while awaiting their removal proceedings. The scheme is known as mandatory detention.
