Lucien v. Tryon

U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Immigration Law

New York Law Journal

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Judge Michael Telesca

Lucien was admitted as a lawful permanent resident in 1968. In addition to drug convictions between 1996 and 2006, Lucien was convicted of third- and second-degree assault on March 1, 2005, and Nov. 21, 2006, respectively. In January 2011 he was sent to a drug treatment campus because he violated a condition of parole related to his 2006 assault conviction. Homeland Security instituted removal proceedings, charging him as being an alien convicted of an aggregated felony, a controlled substance offense, and two crimes involving moral turpitude. In 2011, an immigration judge deemed Lucien subject to mandatory detention. On April 30, 2012, an immigration judge ordered his removal. Denying Lucien 28 USC §2241 habeas relief, district court found that—in addition to having been afforded due process—Lucien was properly held in mandatory detention under Immigration and Nationality Act §236(c). His multiple criminal convictions placed him among the classes of criminal aliens described in §236(c). Based on the sentence parole violation, and Lucien's receipt into federal custody after his release from state custody at the drug treatment campus, Lucien's challenge to mandatory detention under INA §236(c) lacked merit.

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