Legal Opinion
Nielsen v. Preap
Supreme Court of the United States
Decided March 19, 2019No. 16-1363PublishedCited by 710 opinions
1Opinion of the Court
Because Preap and Khoury created a split with four other Courts of Appeals, we granted certiorari to review the Ninth Circuit's ruling that criminal aliens who are not arrested immediately upon release are thereby exempt from mandatory detention under § 1226(c). 583 U.S. ----, 138 S.Ct. 1279, 200 L.Ed.2d 468 (2018). We now reverse.
II
Before addressing the merits of the Court of Appeals' interpretation, we resolve four questions regarding our jurisdiction to hear these cases.
The first potential hurdle concerns § 1226(e), which states:
"The [Secretary's] discretionary judgment regarding the…
2Cases cited22 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Jennings v. RodriguezSupreme Court of the United States · 2018
- Demore v. KimSupreme Court of the United States · 2003
- Kansas v. HendricksSupreme Court of the United States · 1997
- Crowell v. BensonSupreme Court of the United States · 1932
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3Cited by710 opinions
- Aaron Hope v. Warden Pike County CorrCourt of Appeals for the Third Circuit · 2020
- Hernandez Lara v. LyonsCourt of Appeals for the First Circuit · 2021
- E.O.H.C. v. Secretary United States DepartCourt of Appeals for the Third Circuit · 2020
- Marvin Miranda v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2022
- Make The Road New York v. Chad F. WolfCourt of Appeals for the D.C. Circuit · 2020
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