The 9th Circuit Clarifies When A Person Should be Mandatory Detained After Their Release From Criminal Custody

In Preap v. Johnson, the 9th Circuit held that the mandatory detention provision of § 1226(c) applies only to those criminal aliens detained promptly after their release from criminal custody, not to those detained long after. This is great news for individuals being held without bond due to the violation of a mandatory detention offense that occurred several years prior to their current detainment.

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