Hyung Joon Kim v. James W. Ziglar, Commissioner John Ashcroft, Attorney General

WILLIAM A. FLETCHER, Circuit Judge:

We consider a constitutional challenge to § 236(c) of the Immigration and Nationali ty Act (“INA”), 8 U.S.C. § 1226(c), which requires that the Attorney General take into custody, and detain without bail, certain categories of aliens during the pen-dency of removal proceedings against them.

Petitioner Hyung Joon Kim, a citizen of Korea, came to the United States in 1984 at the age of six. Two years later, at the age of eight, .he became a lawful permanent resident alien. In July 1996, at the age of 18, he was convicted of first degree burglary in California…