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Title: Kavanaugh backs Trump administration on jailing and deporting immigrants for crimes committed years earlier
Source: Los Angeles Times
URL Source: http://www.latimes.com/politics/la- ... immigrants-20181010-story.html
Published: Oct 10, 2018
Author: David G. Savage
Post Date: 2018-10-10 17:09:58 by nolu chan
Keywords: None
Views: 1821
Comments: 11

Kavanaugh backs Trump administration on jailing and deporting immigrants for crimes committed years earlier

By David G. Savage
Los Angeles Times
Oct 10, 2018 - 10:15 AM
Washington

Newly seated Justice Brett Kavanaugh spoke up Wednesday in defense of the Trump administration’s view that legal immigrants with criminal records can be arrested and held for deportation, even years after they were convicted and completed their sentences.

[snip - source LA Times]

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Begin Trace Mode for Comment # 1.

#1. To: All (#0)

"Nielsen v. Preap." Oyez, 10 Oct. 2018, www.oyez.org/cases/2018/16-1363.

Petitioner
Kirstjen Nielsen, Secretary of Homeland Security, et al.

Respondent
Mony Preap, et al.

Docket no.
16-1363

Decided by
Case pending

Lower court
United States Court of Appeals for the Ninth Circuit

Citation
Citation pending

Granted
Mar 19, 2018

Facts of the case

Three lawful permanent residents filed a class action for habeas relief in the US District Court for the Northern District of California when immigration authorities took them into custody and detained them without bond hearings years after they had been released from serving criminal sentences for offenses that could lead to removal. The plaintiffs’ position was that they were not detained “when . . . released” from criminal custody, and thus were not subject to mandatory detention under 8 U.S.C. § 1226(c).

The district court certified the class, which included “[i]ndividuals in the state of California who are or will be subjected to mandatory detention under 8 U.S.C. section 1226(c) and who were not or will not have been taken into custody by the government immediately upon their release from criminal custody for a Section 1226(c)(1) offense.” The court also issued a preliminary injunction directing the government to provide all class members with a bond hearing pursuant to § 1226(a).

The Ninth Circuit affirmed, agreeing with the First Circuit and rejecting reasoning followed in four other circuits, holding that the immigration detention at issue under § 1226(c) must take place promptly upon the noncitizen’s release from criminal custody. The appellate court explained that the statute’s plain language reflected an immediacy with regard to when the immigration detention must take place in relation to the release from custody, and rejected arguments by the government that would allow for detentions to occur following significant delays.

Question

Does a noncitizen released from criminal custody become exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately?

nolu chan  posted on  2018-10-10   17:11:26 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#4. To: nolu chan (#1)

Does a noncitizen released from criminal custody become exempt

The only thing worse than a criminal cocksucker is an illegal alien criminal cocksucker.

Common sense dictates that non Americans, have ZERO constitutional rights. The only thing they deserve is basic human rights.

GrandIsland  posted on  2018-10-10 22:14:33 ET  Reply   Untrace   Trace   Private Reply  


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