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Nielsen v. Preap -- SCOTUS decision
Scotusblog ^ | 3/19/2019 | various

Posted on 03/19/2019 7:26:46 AM PDT by CFW

In these cases, the Ninth Circuit had held that a provision requiring the mandatory detention of non-citizens who have committed certain dangerous crimes applies only if a non-citizen is arrested by immigration officials as soon as he is released from jail. The Supreme Court rejects this interpretation.

The Ninth Circuit is reversed and the case is remanded.

https://www.supremecourt.gov/opinions/18pdf/16-1363_a86c.pdf


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: 9thcircuit; 9thcircus; aliens; illegalaliens; nielsenvpreap; ninthcircuit; ninthcircus; scotus; thewall
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1 posted on 03/19/2019 7:26:46 AM PDT by CFW
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To: CFW

sounds good, hope it actually is able to help for the good of our country.


2 posted on 03/19/2019 7:33:05 AM PDT by b4me (God Bless the USA)
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To: CFW

The Ninth Circuit is reversed and the case is remanded.

...

If we’ve seen that statement once, we’ve seen it a million times.

Looks like the 4 commies dissented.


3 posted on 03/19/2019 7:33:33 AM PDT by Moonman62 (Facts are racist.)
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To: Moonman62

Justice Thomas didn’t descent, but he issued a separate opinion that he would have found the entire case to be moot and would have dismissed the case entirely.


4 posted on 03/19/2019 7:35:37 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Moonman62

Reading Scotusblog, this is a reversal of a prior SCOTUS decision from the court under Kennedy.


5 posted on 03/19/2019 7:36:09 AM PDT by rstrahan
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To: CFW

The Ninth Circuit is reversed.........................of course it is. It’s in SF.................


6 posted on 03/19/2019 7:37:59 AM PDT by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
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To: b4me

Every bit of push back helps. From the decision:

Aliens who are arrested because they are believed to be
deportable may generally apply for release on bond or
parole while the question of their removal is being decided. These aliens may secure their release by proving to the satisfaction of a Department of Homeland Security
officer or an immigration judge that they would not endanger others and would not flee if released from custody.

Congress has decided, however, that this procedure is
too risky in some instances. Congress therefore adopted a
special rule for aliens who have committed certain dangerous crimes and those who have connections to terrorism. Under a statutory provision enacted in 1996, 110 Stat. 3009–585, 8 U. S. C. §1226(c), these aliens must be arrested “when [they are] released” from custody on criminal charges and (with one narrow exception not involved in these cases) must be detained without a bond hearing until the question of their removal is resolved.

In these cases, the United States Court of Appeals for
the Ninth Circuit held that this mandatory-detention
requirement applies only if a covered alien is arrested by
immigration officials as soon as he is released from jail. If the alien evades arrest for some short period of time—
according to respondents, even 24 hours is too long—the
mandatory-detention requirement is inapplicable, and the
alien must have an opportunity to apply for release on
bond or parole. Four other Circuits have rejected this
interpretation of the statute, and we agree that the Ninth
Circuit’s interpretation is wrong. We therefore reverse the judgments below and remand for further proceedings.


7 posted on 03/19/2019 7:38:30 AM PDT by CFW
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To: CFW

Roberts voted against the leftists this time. Will he do the same when Trump’s ED for The Wall comes up?


8 posted on 03/19/2019 7:41:56 AM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe)
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To: CFW

And shouldn’t they agree to not commit further crimes and illegal action—working illegally, identity theft, etc.? Seems like if they get released and go to work illegally the next day, they should be arrested immediately, along with their traitorous employer.


9 posted on 03/19/2019 7:42:14 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: CFW

Four other Circuits have rejected this
interpretation of the statute, and we agree that the Ninth
Circuit’s interpretation is wrong. We therefore reverse the judgments below and remand for further proceedings.

...

That’s a tremendous slam. There shouldn’t have been any dissent at all.


10 posted on 03/19/2019 7:44:15 AM PDT by Moonman62 (Facts are racist.)
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To: CFW

( Far better topic title would be great)

U.S. Supreme Court gives Trump victory on immigration detention

WASHINGTON (Reuters) - The Supreme Court on Tuesday endorsed U.S. government authority to detain immigrants awaiting deportation anytime - potentially even years - after they have completed prison terms for criminal convictions, handing President Donald Trump a victory as he pursues hardline immigration policies.

The court ruled 5-4, with its conservative justices in the majority and its liberal justices dissenting, that federal authorities could pick up such immigrants and place them into indefinite detention at any time, not just immediately after they finish their prison sentence

https://www.reuters.com/article/us-usa-court-immigration-idUSKCN1R01TF


11 posted on 03/19/2019 8:05:08 AM PDT by SMGFan
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To: CFW; All

I would really like to hear one of the ‘Conservative’ Justices confirm that Ginsberg is in attendance. I want to know that she is coherent and voting herself.


12 posted on 03/19/2019 8:21:12 AM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell.)
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To: CFW

The DemocRATS are upset that they won’t have Dangerous Criminal Illegal Aliens to Vote for Them. Boo Hoo!


13 posted on 03/19/2019 8:22:40 AM PDT by CptnObvious (Question her now.)
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To: originalbuckeye

she was there for case on VA House of Delegates yesterday


14 posted on 03/19/2019 8:30:39 AM PDT by SMGFan
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To: CFW

I think this is a big deal. It said, if I am reading this right, that a criminal legal immigrant can be arrested, jailed, and deported years after their initial crime. Good news. Now, can we see the roundup? We need to deport criminal legal immigrants just as much as we do illegal aliens, H1B, and their families.


15 posted on 03/19/2019 8:35:41 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: SMGFan

How do you know?


16 posted on 03/19/2019 8:37:24 AM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell.)
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To: originalbuckeye

Listen to the court audio. She’s there asking questions.


17 posted on 03/19/2019 8:40:02 AM PDT by TexasGurl24
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To: originalbuckeye

Here is one from last week.

https://www.supremecourt.gov/oral_arguments/audio/2018/17-1717

She’s there. Wish she wasn’t, but she is.


18 posted on 03/19/2019 8:42:24 AM PDT by TexasGurl24
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To: originalbuckeye

the report has her asking a question.

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2018/18-281_197d.pdf


19 posted on 03/19/2019 8:44:34 AM PDT by SMGFan
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To: Moonman62
The Ninth Circuit is reversed and the case is remanded.

...and is split asunder and spread to the 4 quarters east of highway 35.

20 posted on 03/19/2019 9:00:54 AM PDT by spokeshave (recovering Spokeshave from another computer.)
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