Mandatory Detention Research Paper

The mandatory detention provision is limited to when aliens are released from custody related to specific crimes. Aliens convicted of crimes involving moral turpitude committed with five to ten years after the date of admission and convicted of a crime that sentence is one year or longer are deportable. Also, an alien who is convicted of two or more crimes involving moral turpitude that does not come of out the same trial is deportable. Additionally, an alien that commits an aggravated felony any time after admission is deportable. Other predicate crimes for mandatory detention are treason, espionage, terrorism, human trafficking, and drug trafficking.

C. Judicial Review

Under 8 U.S.C §1226(e), the attorney generals discretionary judgment is not subject to review. No court can set aside a decision by the Attorney General regarding the detention of an alien. Federal courts do not have jurisdiction

The BIA has ruled that the “when released” clause does not have an expiration date and DHS has the authority to take an alien into custody whenever the duty arises. Courts have to interpret the meaning of “when released” under the statutory interpretation of the Immigration Naturalization Act. However, when the statutory interpretation is ambiguous, the Board of Immigration Appeal interpretation should be given controlling weight unless its interpretation is “arbitrary, capricious, or manifestly contrary to the statute.” Thus, the court must look at the plain meaning of a statute by looking at the statutory language at issue and the language of the statute as whole. The courts in these habeas corpus cases have to decide whether an alien is subject to the mandatory detention provision or if they are entitled to an individual bond hearing. The courts are split on what the “when released” provision means in 8 U.S.C.