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Mandatory Detention is Limited


In a class action habeas petition brought by noncitizens with criminal convictions subject to mandatory detention under INA §236(c), the Ninth Circuit affirmed the district court’s class certification order and preliminary injunction requiring the government to provide all class members with bond hearings under §236(a). The court held that, under the plain language of §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions whom it takes into immigration custody “promptly” upon their release from the triggering criminal custody, not those detained long after.

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