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HODGE v. GARLAND

23-CV-447 (JLS).

699 F.Supp.3d 212 (2023)

Osvaldo HODGE, Petitioner, v. Merrick GARLAND, in his official capacity as Attorney General, U.S. Department of Justice, Alejandro Mayorkas, in his official capacity as Secretary, U.S. Department of Homeland Security, Thomas Brophy, in his official capacity as Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Jeffrey Searls, in his official capacity as Officer-in-Charge, Buffalo Federal Detention Facility, Respondents.

United States District Court, W.D. New York.

Signed October 18, 2023.

Attorney(s) appearing for the Case

Sarah Telo Gillman, Robert F. Kennedy Human Rights, New York, NY, John H. Peng, Prisoners' Legal Services of New York, Albany, NY, Sarah Emma Decker, Robert F. Kennedy Human Rights, Washington, DC, for Petitioner.

Adam A. Khalil, DOJ-USAO, Rochester, NY, United States Attorney's Office, for Respondents.

DECISION AND ORDER

This case presents the question whether the Fifth Amendment's Due Process Clause is violated where the government, without any intentional delay, frivolous litigation, or arbitrary confinement, detains a criminal alien pursuant to the mandatory...

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