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CA9 Says INA §236(c) Applies Only if ICE Detains Noncitizen Promptly After Release from Criminal Custody

8 August, 2016

In a class action habeas petition brought by noncitizens with criminal convictions subject to mandatory detention under INA §236(c), the court affirmed the district court’s class certification order and preliminary injunction requiring the government to provide all class members with bond hearings under §236(a). The court held that, under the plain language of §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions it takes into immigration custody “promptly” upon their release from the triggering criminal custody, not those detained long after. (Preap v. Johnson, 8/4/16)

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