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Saysana v. Gillen, No. 09-1179

Grant of a Laotian immigrant-petitioner's request for habeas relief after being taken into custody by the ICE without bond and conclusion that BIA had misinterpreted 8 U.S.C. section 1226 are affirmed as the government has adopted an interpretation contrary to the plain meaning of the statute and in the alternative, even if the statute were ambiguous, the position of the government is not a reasonable one.     

Read Saysana v. Gillen, No. 09-1179

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided December 22, 2009


Before:  Howard, Ripple, and Seyla, Circuit Judges

Opinion by Ripple, Circuit Judge


For Appellant:    Theodore W. Atkinson, Trial Attorney, Office of Immigration

For Appellee:     Kerry E. Doyle, Graves & Doyle, Jeanette Kain, and Kaplan, O'Sullivan & Friedman