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Ninth Circuit Rules ICE May Only Detain Without Bond Hearing Those Taken into Custody

Ninth Circuit Rules ICE May Only Detain Without Bond Hearing Those Taken into Custody

The United States Court of Appeal for the Ninth Circuit recently issued a decision in Preap v. Johnson, in which immigrants who had been convicted of a crime filed a class action habeas corpus petition to protest their mandatory detention pursuant to 8 U.S.C. § 1226(c). The Court affirmed the class certification issued by the district court and preliminary injunction, as well as finding that the government only may detain without bond those immigrants whom it detains promptly after their release from criminal custody. INA section 236(c) (also listed as 8 U.S.C. § 1226(c)) requires mandatory detention without bond for immigrants who have committed certain crimes. This provision of the Immigration & Naturalization Act (INA) contains a broad range of crimes, from serious offenses to misdemeanor offenses involving moral turpitude and also including simple possession of a controlled substance. The incarcerated lawful permanent residents being held without bond who make up the class in this case argued that Section 236(c) is inapplicable to those individuals who were released from criminal custody and resettled into the community prior to being detained by Immigration and Customs Enforcement (ICE). In fact, after being released from incarceration, these individuals lived in the community with their families for several years before ICE detained them and charged them with removal. According to the detained individuals, those in this situation should be able to seek release in a bond hearing based on evidence that they are not flight risks or dangers to the community. Based on the plain language of the federal statute in question, the Court in this case found that detention without bond for individuals in this situation was not mandatory, as ICE did not take them into detention on a prompt basis. In other words, ICE has to act promptly to take individuals into detention when they are finished with their criminal sentences, or ICE cannot hold them without bond pursuant to the mandatory detention statute of 236(c). At Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing deportation proceedings, but who wish to remain with their families in the United States. Fortunately, there are many remedies that may be available to you if you or a loved one is potentially facing deportation. We will aggressively investigate the facts and circumstances surrounding your case, and help you determine the option that is best calculated to allow you and your family to live where you choose. Contact our experienced deportation defense attorneys today, and learn how we can help.

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