Looks like some things have to be streamlined, they should pick them up and have them on a plane out of country within 48 hours, no appeals, no court appearences, just bye bye.
Yes, it would seem to me that in one sense, the court is right. If I am an immigrant convicted of a crime and subject to deportation, then is would not seem reasonable that I be kept in jail for up to an additional three years while this deportation process begins.
Rather, the deportation process should commence upon incarceration, so that it is completed prior to the convict's sentence being over. Plus, the whole process shold be speeded up so that a final decision is made within 3 months and not three years. That way, the convict can be handed over directly to INS for deportation at the time of his prison release.