The Second Circuit has determined that a petitioner seeking federal judicial review of a removal order, who has obtained a stay of removal from the federal court, is detained under section 236(c) of the INA, not section 241 of the INA.  Recognizing that the state of prolonged detention bond case law is in flux since the Supreme Court's decision in Jennings v. Rodriguez, the Court remanded the case to determine if the Constitution mandates providing the petitioner with a bond hearing.

The full text of Hechavarria v. Sessions can be found here: