Craig Pasicov v. Eric Holder, Jr. ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6968
CRAIG JOHN PASICOV, a/k/a John Craig Pasicov,
Petitioner – Appellee,
v.
ERIC H. HOLDER, JR.; JANET NAPOLITANO; JOHN T. MORTON,
Respondents - Appellants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony J. Trenga,
District Judge. (1:11-cv-00487-AJT-IDD)
Submitted: June 22, 2012 Decided: July 17, 2012
Before KEENAN, WYNN, and FLOYD, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Neil H. MacBride, United States Attorney, Dennis C. Barghaan,
Jr., Assistant United States Attorney, Alexandria, Virginia;
Tony West, Assistant Attorney General, Elizabeth J. Stevens,
Assistant Director, Gisela A. Westwater, OFFICE OF IMMIGRATION
LITIGATION, Washington, D.C., for Appellants. Joseph Peter
Drennan, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Craig John Pasicov, a native and citizen of Canada who
became a lawful permanent resident of the United States in 1977,
was convicted in 2009 of credit card theft, credit card forgery,
and credit card fraud. He was sentenced to two terms of ten
years’ imprisonment, and one term of five years’ imprisonment,
with all of the sentences suspended. In 2011, Pasicov was
arrested and served by immigration authorities with a Notice to
Appear charging him with removability as an aggravated felon and
for having been convicted of a crime of moral turpitude.
Pasicov sought bond in the immigration court, which
was denied on the ground that he is criminal alien subject to
mandatory detention pursuant to 8 U.S.C. § 1226(c) (2006).
Pasicov appealed, and also filed a petition for a writ of habeas
corpus in the district court requesting a bond hearing, and
contending that he is not subject to mandatory detention because
he was not taken into custody by immigration authorities
immediately upon his release from state criminal custody. The
district court granted the habeas petition in part and remanded
the case to the immigration court with instructions to conduct
an individualized bond hearing within ten days. Pursuant to
that hearing, Pasicov was granted bond and released, and his
removal proceedings remain pending. The Respondents appealed
the district court’s partial grant of habeas relief, contending
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that mandatory detention under § 1226(c) applies to Pasicov
notwithstanding the fact that he was not taken into immigration
custody immediately upon his release from state custody.
We have now squarely addressed this issue in Hosh v.
Lucero, __ F.3d __, No. 11-1763 (4th Cir. May 25, 2012), holding
that aliens who are not immediately detained by immigration
authorities upon their release from state custody are indeed
subject to mandatory detention pursuant to § 1226(c).
Accordingly, we vacate the district court’s order granting
partial habeas relief to Pasicov and remand for further
proceedings consistent with our decision in Hosh. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
VACATED AND REMANDED
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