Patel v. Zemski

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is a limited one. The appellant does not challenge the power of the Immigration and Naturalization Service (“INS”) to detain him. Indeed, appellant, a lawful permanent resident, concedes that the INS has legitimate grounds for detaining some individuals pending removal. The only issue is whether appellant, and aliens in his position, can be mandatorily detained pending a final determination on removal without any opportunity for an individualized determination of the alien’s risk of flight or danger to the community. Ironically,…