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: http://www.ca2.uscourts.gov/decisions/isysquery/0d6713f3-cfd7-437f-9bd9-77e159e4b6b4/1/doc/14-2343_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0d6713f3-cfd7-437f-9bd9-77e159e4b6b4/1/hilite/