Legal Opinion
Hoang v. Comfort
Court of Appeals for the Tenth Circuit
Decided March 5, 2002No. 01-1136, 01-1180, 01-1343PublishedCited by 38 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
The United States Immigration and Naturalization Service (INS) appeals the district court’s rulings in three cases which held that Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c), (INA) is unconstitutional as violative of both substantive and procedural due process. Section 236(c) of the INA requires the mandatory detention of criminal aliens pending administrative removal proceedings. We agree that the mandatory detention provision found in § 236(c) of the INA, as applied to petitioners, violates them substantive due process rights and affirm…
2Cases cited23 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Zadvydas v. DavisSupreme Court of the United States · 2001
- United States v. SalernoSupreme Court of the United States · 1987
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Demore v. KimSupreme Court of the United States · 2003
- Soberanes v. ComfortCourt of Appeals for the Tenth Circuit · 2004
- Bangura v. HansenCourt of Appeals for the Sixth Circuit · 2006
- Hoang Minh Ly v. Mark B. Hansen, James Ziglar, and John AshcroftCourt of Appeals for the Sixth Circuit · 2004
- Harrypersad Sundar v. Immigration and Naturalization Service, United States Atty. GeneralCourt of Appeals for the Eleventh Circuit · 2003
33 more not listed; retrieve them via the Exa API.