SCOTUS to Decide when Mandatory Detention Applies
By Andrew R. Arthur on October 12, 2018
On October 10, 2018, the Supreme Court heard the case of Nielsen v. Preap. At issue is whether an alien is subject to mandatory detention under section 236(c) of the Immigration and Nationality Act (INA), notwithstanding the fact that the alien was not immediately taken into custody after being released from criminal custody. The fact that the issue has gotten this far points out how finely amenable courts can parse the INA, as well as the difficulties that attach to the application of amendments to that act in the absence of robust legislative history.
The provision in question, section 236(c) states:
https://cis.org/Arthur/SCOTUS-Decide-when-Mandatory-Detention-Applies
