The Second Circuit construed the "mandatory detention" provision of the Immigration and Nationality Act.  They found that a non-citizen who is convicted of a crime that falls under the provision need not be sentenced to a prison term for the criminal offense to come within the ambit of the detention provision.  In addition, even though the statute empowers ICE to take a non-citizen convicted of such an offense into custody "when the alien is released" from criminal custody, the Second Circuit determined that a break between criminal and immigration custody does not undermine ICE's authority to detain a non-citizen under the mandatory detention provision.  However, the Court also determined that continued detention for 6 months without a bond hearing violated the right to due process.  Thus, detainees in the Second Circuit who have been convicted of a mandatorily detention offense will be entitled to a bond hearing to evaluate whether they are a danger to the community or a flight risk after they have been incarcerated for 6 months.  

The full text of Lora v. Shanahan can be found here: