Matter of Saysana, 24 I. & N. Dec. 602 (BIA Aug. 27, 2008) (a noncitizen otherwise subject to mandatory detention under INA 236(c)(1), 8 U.S.C. 1226(c)(1), but for having been released from custody prior to October, 1998, will be considered to fall within INA 236(c) if s/he is again subject to lawful non-DHS custody for any reason, regardless of whether the purpose for the detention is unrelated to the offense that triggers mandatory detention), overturned by Saysana v. Gillen, 2008 WL 5484553 (D. Mass, Dec. 1, 2008), following Thomas v. Hogan, 2008 WL 4793739 (M.D.Pa. Oct.31, 2008).