Government Must Quickly Place Aliens Recently Released from Jail into Detention

Under the Immigration and Naturalization Act (INA), the government must act quickly to place an alien into mandatory detention after they are recently released from jail to hold them without bond 

Preap v. Johnson, 2016 BL 252253, 9th Cir., No. 14-16326, 8/4/16.

   The Ninth Circuit joined a minority of jurisdictions in requiring the government to act quickly to place aliens recently released from jail into mandatory detention without bond under the INA. The controversy arose because of the statute’s language that requires the government to take an alien into custody “when the alien is released” from jail. Relying on statutory context and legislative history, the court held that there cannot be a lengthy period between an alien’s release and subsequent detention. It said, “[B]ecause Congress’s use of the word ‘when’ conveys immediacy, we conclude that the immigration detention must occur promptly upon the aliens’ release from criminal custody.” The circuit court suggested that the individual circumstances of each case should be considered to determine if government detention occurred quickly after a release from jail.

https://www.bloomberglaw.com/public/desktop/document/Preap_v_Johnson_No_1416326_NO_1416779_2016_BL_252253_9th_Cir_Aug_?1470942090