Boonkue v. Ridge, (Not Reported in F.Supp.2d), 2004 WL 1146525 (E.D. Ore. May 7, 2004) (granting habeas under 28 U.S.C. 2241, ordering USICE to release returning LPR with CMT conviction; INA 236(c)(1) does not require mandatory detention where respondent was not arrested by immigration authorities directly upon release from criminal custody). Accord, see Pastor-Camarena v. Smith, 977 F. Supp. 1415, 1418 (W.D. Wash. 1997) (construing temporary rules in effect before 8 U.S.C. 1226(c), which also used the phrase "when the alien is released"); Alikhani v. Fasano, 70 F. Supp. 2d 1124, 1130 (S.D. Cal. 1999) (accord); Velasquez v. Reno, 37 F. Supp. 2d 663, 672 (D. N.J. 1999) (accord). Cf. Alwaday v. Beebe, 43 F. Supp. 2d 1130, 1133 (D. Or. 1999) (8 U.S.C. 1226(c) did not apply retroactively) ("Had Congress intended that 236(c) apply retroactively to aliens released from incarceration on criminal convictions before the statute's effective date, Congress could have required custody 'regardless of when the alien is released' or "at any time after the alien is released.'").