In an order released earlier this week, a judge in the U.S. District Court for the District of Arizona held that the INA's mandatory detention provision, INA § 236(c), does not apply to offenses committed before October 1, 1998. Ortiz v. Napolitano, No. CV 009-0045-PHX-MHM, slip op. (D. Az. Oct. 19, 2009) (Murguia). As a result, DHS cannot rely on the mandatory detention provision to keep people detained who were released from custody for the removable offense prior to October 1, 1998 even if they were later detained for a non-removable offense. Ortiz, No. CV 009-0045-PHX-MHM, slip op. [...]
Penn. federal district court: Mandatory detention statute can’t be used to detain people indefinitely
In an order issued earlier this week, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania held that the mandatory detention statute, INA § 236(c), 8 U.S.C. § 1226(c), does not allow DHS to detain individuals indefinitely without a bond hearing. Alli v. Decker, No. 4:09-CV-0698, slip op. (Aug. 10, 2009). The two individuals in this case had been detained for 9 and 20 months respectively. Alli v. Decker, No. 4:09-CV-0698, slip op. at 2.After considering in detail Demore v. Kim, 538 U.S. 510 (2003), in which the Supreme Court held that INA § [...]
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