The Third Circuit has reaffirmed that a mandatory detainee under 236(c) can bring an as-applied constitutional challenge to prolonged detention. A district court hearing a habeas claim in these circumstances should consider four factors: 1) the length of detention; 2) whether detention is likely to continue; 3) the reasons for delay; and 4) whether the conditions of confinement are meaningfully different from criminal detention. Once a bond hearing is ordered in a prolonged detention setting, the government bears the burden of proving by clear and convincing evidence that the detainee is a flight risk or a danger to the community.
The full text of German Santos v. Warden Pike County Correctional Facility can be found here: