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03/19/2019

Update: Note also that the Supreme Court has reversed the Ninth Circuit's beneficial decision in Nielsen v. Preap.  See alert in this advisory, and we will issue an updated version of the advisory soon.

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing. The recent Supreme Court decision in Jennings v. Rodriguez has made the prospects for release even worse. This advisory outlines what immigration advocates and criminal defense counsel can do to help their clients avoid mandatory ICE detention. Note also that the Supreme Court has reversed the Ninth Circuit's beneficial decision in Nielsen v. Preap. See alert in this advisory, and we will issue an updated version of the advisory soon.