The Second Circuit has determined that a reinstatement order is not final while withholding and Convention against Torture proceedings are ongoing.  As such, a person in the midst of these proceedings is not subject to any form of "mandatory detention," and is eligible for a bond hearing.

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

http://www.ca2.uscourts.gov/decisions/isysquery/666a8fa5-650c-420c-b599-6224b3828f04/8/doc/15-504_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/666a8fa5-650c-420c-b599-6224b3828f04/8/hilite/

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