There is a very strong argument that a noncitizen is not subject to mandatory detention, under INA 236(c), if not detained by ICE immediately when released from criminal custody. The majority of district court decisions on this point in the Third Circuit have held in favor of the immigrant on this issue. E.g., Christie v. Elwood, 2012 U.S. Dist. LEXIS 10662 (DNJ 2012); but see Hosh v. Lucero, 680 F.3d 375 (4th Cir. 2012) (an alien is subject to mandatory detention under INA 236(c) regardless of when released). No other court of appeals has decided the issue, although it is pending before the Third Circuit, in Desrossiers v. Hendricks, 2011 U.S. Dist. LEXIS 154971 (DNJ 2011).