Demore, District Director, INS v. Kim: Supreme Court to Decide Legality of INS Mandatory Detention

IMMIGRATION LAW & POLICY

Arrest and Detention

DEMORE, DISTRICT DIRECTOR, INS V. KIM: SUPREME COURT TO DECIDE LEGALITY OF INS MANDATORY DETENTION
Immigrants' Rights Update, Web Edition, July 15, 2002

The United States Supreme Court has decided to review a case challenging section 236(c) of the Immigration and Nationality Act, which requires detention without bond for non-U.S. citizens in removal proceedings who have been convicted of specified criminal offenses. In the decision below, Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002), the Court of Appeals for the Ninth Circuit had ruled that the detention without a hearing of a lawful permanent resident pursuant to section 236(c) violates due process (for more concerning the Ninth Circuit's decision in Kim, see "3d and 9th Circuits Hold Mandatory Detention Provision Unconstitutional," Immigrants' Rights Update, Feb. 28, 2002, p. 12). The Supreme Court's decision to grant the solicitor general's petition for certiorari in the case means that the Court will decide this issue in the coming term, which begins in October.

Demore, District Director, INS v. Kim, No. 01-1491, 2002 U.S. LEXIS 4914 (Jun. 28, 2002).