[20190412]LSB10282_尼尔森诉Preap案：高等法院澄清《移民拘留法》对犯罪外国人的适用 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Nielson v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens April 12, 2019 Recently, the Supreme Court in Nielsen v. Preap interpreted provisions of the Immigration and Nationality Act (INA) as mandating the detention pending removal proceedings of non-U.S. nationals (aliens) who have committed certain specified crimes, even if those aliens are not detained by immigration authorities immediately upon release from criminal incarceration. The Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), which had construed the INA provisions as affording such aliens the opportunity to seek release on bond if they were not promptly detained by immigration authorities after release from criminal custody. The Supreme Court determined that the INAs plain text and structure demonstrated that Congress intended that aliens who have committed certain crimes not be released on bond, no matter how much time has passed between their release from criminal custody and subsequent immigration arrest. The Courts reading of the mand