Whether section 3142 (d)(2) of the Bail Reform Act (BRA), 18 U.S.C. § 3141 et seq. prevents the United States Department of Homeland Security from civilly detaining a criminal defendant after she has been granted pretrial release and the Government has failed to detain her during the statutory 10-day period?

QUESTIONS PRESENTED Whether section 3142 (d)(2) of the Bail Reform Act (BRA), 18 U.S.C. § 3141 et seq. prevents the United States Department of Homeland Security from civilly detaining a criminal defendant after she has been granted pretrial release and the Government has failed to detain her during the statutory 10-day period? ii LIST OF PROCEEDINGS BELOW United States Court of Appeals for the Third Circuit Case No. 20-1032 United States of America v. Ilma Soriano Nunez, Appellant Decision Date: November 2, 2020 United States Court of Appeals for the Third Circuit Case No. 18-2341 United States of America v. Ilma Alexandra Soriano Nunez, Appellant, Decision Date: July 2, 2019 United States District Court for the Eastern District of Pennsylvania Case No. 5:18-cr-00040-001 United States of America v. Iilma Alexandra Soriano Nunez, Defendant Decision Date on Motion to Dismiss: May 10, 2018