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The court granted the petition and ordered immediate release under appropriate supervision conditions.
The magistrate judge recommended denying the petition.
The magistrate judge rejected the government’s renewed assertion that mandatory section 1225 detention applied; prior parole and interior custody placed the case under discretionary section 1226(a).
The district judge adopted the merits recommendation but rejected that remedy.
ICE Had to Provide Bond Process Before Re-Detaining Released Noncitizen.
Court Rejected Mandatory Detention Theory After Prior Release.
Prior Parole Created Liberty Interest Requiring Release from ICE Custody.