In August 26, 2016, the Justice Department informed the Supreme Court through letters that it provided it with erroneous statistics that formed the basis of the government’s victory in a 2003 case, Demore v. Kim, which upheld the government’s position that the mandatory detention statute at INA § 236(c) required the detention of aliens for an unlimited period, even years, for aliens fighting their cases in immigration court and such prolonged detention was constitutional because it was rare. The department,…

When you encounter a non-citizen of the United States on an American street, the usual understanding is that he could be one of six things: 1. A person who was admitted to the United States after inspection at a port of entry (border or air or seaport) and is maintaining proper status; 2. A person who was admitted and then overstayed his period of admission or violated his status; 3. A person who was paroled into the United States. Parole…

Government agencies. There are lots of them. Their functions overlap. People uninvolved from day to day with the interaction of government agencies and learn about them from the media are probably most aware of the interactivity of the intelligence agencies. A fault found after 9-11 was the failure of the many intelligence agencies and law enforcement agencies with intelligence functions to interact. Immigration law execution and enforcement are controlled by several agencies in different departments. There is the Department of…

I recently wrote  about a 9th Circuit case, Rodriguez v. Robbins, where the Court upheld a preliminary injunction in the Central District of California  holding that after six months of detention a detained alien is entitled to a bond hearing. Today the Central District of California issued a new injunction ordering Immigration and Customs Enforcement to set up bond hearings with immigration judges for aliens detained for more than six months instead of requiring the detained alien to arrange for…