Long v. Cierva

Year: 2012 (Vol. 36).

Topic: Immigration Law.

Question: Whether mandatory detention under INA § 236(c), 8 U.S.C. § 1226(c) is presumptively unreasonable after six months when removal or release is not imminent and therefore requires a bond hearing before an immigration judge to determine whether the alien is a flight risk or a danger to the community.

Format: PDF.

Preemption notice! Jennings v. Rodriguez held that 236(c) mandates detention of any noncitizen within its scope through the end of removal proceedings, unless it is necessary for witness protection, and that such noncitizens have no right to periodic bond hearings. 138 S.Ct. 830 (2018).