Nielsen v. Preap (16-1363)

Question

Does a noncitizen released from criminal custody become exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately?

Petitioner: Kirstjen Nielsen, Secretary of Homeland Security, et al.

Respondent: Mony Preap, et al.

Granted: 2018-03-19 00:00:00

Decided: 2019-03-19 00:00:00

Argued: 2018-10-10 10:00:00

Uploaded: 2018-10-15 20:28:00

Advocates: Zachary D. Tripp, Cecillia D. Wang

Links: Oyez | Opinion | Youtube

Tags: Criminal Rights and Process, Immigration