Hassoun v. Searls

20-2056-cv Hassoun v. Searls In the United States Court of Appeals FOR THE SECOND CIRCUIT AUGUST TERM 2019 No. 20-2056-cv ADHAM AMIN HASSOUN, Petitioner-Appellee, v. JEFFREY SEARLS, IN HIS OFFICIAL CAPACITY AS ACTING ASSISTANT FIELD OFFICE DIRECTOR AND ADMINISTRATOR OF THE BUFFALO FEDERAL DETENTION FACILITY, Respondent-Appellant. On Appeal from the United States District Court for the Western District of New York SUBMITTED: JULY 14, 2020 DECIDED: JULY 30, 2020 Before: CABRANES, SULLIVAN, and MENASHI, Circuit Judges. The government moved to stay the release of Adham Amin Hassoun pending its appeal of the order granting his release. The U.S. District Court for the Western District of New York (Wolford, J.) decided that the government was not authorized under 8 C.F.R. § 241.14(d) to continue holding Hassoun in immigration detention pending his removal from the United States and ordered the government to release him. Although 8 C.F.R. § 241.14(d) permits the government to detain removable aliens on account of security or terrorism concerns, the district court held that the regulation does not authorize Hassoun’s continued detention because it is inconsistent with its authorizing statute, 8 U.S.C. § 1231(a)(6), and because it provides inadequate procedural due process. The government appealed and argued that 8 C.F.R. § 241.14(d) is not inconsistent with § 1231(a)(6) and that it provides adequate procedural due process. Because the government made a strong showing that it was likely to succeed on the merits and that it would suffer irreparable harm absent a stay, we granted the government’s motion for a stay pending appeal by an order issued July 16, 2020. Jonathan Hafetz (Brett Max Kaufman, Charles Hogle, Judy Rabinovitz, Celso Perez, for the American Civil Liberties Union Foundation, New York, NY; A. Nicole Hallett, Supervising Attorney; Jessica Lewis, Stephen Ferro, Rule 46.1(e) Law Students, for the Mandel Legal Aid Clinic, University of Chicago Law School, Chicago, IL; Jonathan Manes, for the Roderick & Solange MacArthur Justice Center, Chicago, IL, on the brief), for Petitioner-Appellee. Anthony D. Bianco, Senior Counsel for National Security (Ethan P. Davis, Acting Assistant Attorney General; William C. Peachey, Director; Kathleen A. Connolly, Deputy Chief; Steven A. Platt, John J.W. Inkeles, Counsel for National Security, for the Office of Immigration Litigation, United States Department of Justice, 2 Washington, DC; Daniel B. Moar, Assistant United States Attorney, for James P. Kennedy, Jr., United States Attorney for the Western District of New York, Buffalo, NY, on the brief), for Respondent-Appellant. MENASHI, Circuit Judge: Adham Amin Hassoun was held in immigration detention at the Buffalo Federal Detention Facility (BFDF) from October 10, 2017, until July 21, 2020, pending his removal from the United States. 1 He is a stateless alien who was ordered removed in 2003 for violating the terms of his non-immigrant visa. From 2004 until 2017, he served a term of imprisonment for committing three terrorism-related offenses. After Hassoun was released from imprisonment, “he was again detained by immigration authorities on his original order of removal.” Hassoun v. Sessions (Hassoun I), No. 18-CV-586 (FPG), 2019 WL 78984, ...

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