Kim filed a habeas corpus action challenging section 1226(c) on the ground that his detention violated due process because the INS had made no determination that he posed either a danger to society or a flight risk. at 28,840. See Sentence, No. Other nondetained cases were worked as time allowed.")
1226(c)(1).1. 7a) immigration status entitles an alien to live permanently in the United States, to work in this country, and to apply for citizenship, and that permanent resident status most often is granted because of the alien's family ties to the United States.
8-9.16 Similarly, and contrary to the opinion of the court of appeals (Pet. On the other hand, Congress added to Section 242 a new provision, 8 U.S.C.
Criminal and Illegal Aliens, Subcomm. Wong Wing, 163 U.S. at 235; see Zadvydas, 533 U.S. at 683, 698-699. 12a), the detention required by Section 1226(c) likewise is civil and regulatory rather than criminal and punitive. (quoting Jones v. United States, 526 U.S. 227, 249 (1999)) (brackets omitted); S. Rep. No. 1, at 117 ("many smuggled aliens are victims, more than beneficiaries," of alien smuggling). Congress defined the term "aggravated felony" to include murder, drug trafficking, and trafficking in firearms or destructive devices.
See Wong Wing v. United States, 163 U.S. 228, 237 (1896).
In Welch, the Fourth Circuit rejected a facial challenge to Section 1226(c) and instead undertook a case-specific inquiry into whether mandatory detention "based on a record of prior criminal conduct is a reasonable and not excessive way to prevent flight risk and to protect the community."
App. App. 9a-12a, 23a, 26a; Welch, 293 F.3d at 224-227, 228 (Widener, J., concurring), 228-236 (Williams, J., concurring in the judgment); Hoang, 282 F.3d at 1255-1259; Patel v. Zemski, 275 F.3d 299, 309-310, 313 (3d Cir. See Pet. at 12a. at 48a.
See Pet. See Br. The possibility that an alien ultimately might carry that burden does not render unconstitutional mandatory detention in the meantime-i.e., when the alien has not proved his eligibility for withholding of removal.The court of appeals was correct to reject respondent's assertion that Section 1226(c) can never be constitutionally applied to detain an alien without a bond hearing during his removal proceeding. See Restatement (Second) of Torts §§ 329, 333 (1965).Congress made a different judgment. They do not apply to cases adjudicated by an immigration judge while the alien is still in criminal custody. 14a-15a) that the alien might be able to persuade the immigration judge that he is not removable from the United States, for instance because his crime is not one that requires removal. Based upon its investigation, the General Accounting Office advised that "[w]e know that alternatives to detaining prisoners don't often work." on Immigration, Refugees, and International Law of the House Comm. Rep. No. Chief Justice Rehnquist delivered the opinion of the Court.Section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent’s constitutional challenge to the legislation authorizing his detention without bail.“The Attorney General’s discretionary judgment regarding the application of this section shall not be subject to review. Rec.
The court of appeals' analysis is severely flawed.The court of appeals also recognized the government's interest in protecting the public against additional wrongdoing by criminal aliens while removal proceedings are pending. Finally, Section 1226(c) could not be held unconstitutional without reference to the duration of the alien's detention.
See generally 8 U.S.C. S. Rep. No. "); Testimony of Doris Meissner, supra, 1995 WL 110438 (organized immigration rings engage in criminal activities and enterprises including counterfeiting, illegal acquisition of firearms and explosives, narcotics smuggling and trafficking, money laundering, and racketeering activity such as extortion, bribery, obstruction of investigation by violence, and financial fraud); 1989 House Hearing, supra, at 36 (statement of Jack Shaw) (discussing crimes of alien smuggling rings), 44 (same). 17, 47 (same). 1708 2003 WL 1960607.