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LESLIE v. ATTORNEY GENERAL OF U.S.

No. 11-2442.

678 F.3d 265 (2012)

Neville Sylvester LESLIE, Appellant v. ATTORNEY GENERAL OF the UNITED STATES; Mary Sambol, Warden of York County Prison; Thomas Decker, District Director of Pennsylvania Field Office for Detention; Janet Napolitano, Secretary of the U.S. Department of Homeland Security.

United States Court of Appeals, Third Circuit.

Filed: March 19, 2012.

Attorney(s) appearing for the Case

Neville Leslie, York, PA, Pro Se Appellant.

Tony West, David J. Kline, Victor M. Lawrence, Flor M. Suarez (Argued), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Appellee.

Valerie Burch, ACLU Foundation of Pennsylvania, Harrisburg, PA, for Amicus Curiae American Civil Liberties Union Foundation of Pennsylvania.

Judy Rabinovitz (Argued), Michael K.T. Tan, ACLU Foundation Immigrants' Rights Project, New York, NY, for Amicus Curiae American Civil Liberties Union Foundation.

Before: SLOVITER, VANASKIE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Petitioner Neville Leslie, a Jamaican alien, has been incarcerated since March 28, 2008 without a bond hearing. He now seeks a bond hearing as provided by 8 U.S.C. § 1226, contending that his continued detention by United States Immigration and Customs Enforcement ("ICE") for four years is unconstitutional.1

Leslie's appeal from the District Court's denial of his petition...

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