Castañeda v. Souza

I recognize that the Supreme Court has determined that Congress may, “[i]n the *44exercise of its broad power over naturalization and immigration, ... regularly make[ ] rules that would be unacceptable if applied to citizens,” Mathews v. Diaz, 426 U.S. 67, 79-80, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976); see also Demore v. Kim, 538 U.S. 510, 521, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003), and that the right to bail is not absolute. United States v. Salerno, 481 U.S. 739, 754-55, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). Yet, I must register my discomfort with respect to 8 U.S.C. § 1226(c).

I am compelled…