Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Tuesday, November 26, 2013

District Court rejects Rojas

Rosciszewski v. Adducci, __ F. Supp. 2d __, 2013 WL 6098553 (E.D. Mich. Nov. 14, 2013).

The district court found that the meaning of "when released" in 236(c) is plain therefore did not the defer to the BIA's interpretation of that provision in Matter of Rojas.  Because the LPR was not taken into custody immediately upon, or within a reasonable period of time after, his release from criminal custody, mandatory detention did not apply.

The court found the government's position was not substantially unjustified so it denied EAJA fees.

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