Immigration Law

Recent Posts

Post-Preap Habeas Victory in California: Perera v. Jennings
Posted on 18 Apr 2022 by Daniel M. Kowalski

Judah Lakin reports: "We ( Lakin & Wille and Asian Americans Advancing Justice-Asian Law Caucus ) wanted to share some good news heading into the weekend. Judge Freeman issued a decision in our post-Preap as-applied challenge to 1226c for someone... Read More

Tags: preap , habeas

Peter Margulies on Preap
Posted on 21 Mar 2019 by Daniel M. Kowalski

Peter Margulies, Mar. 20, 2019 "The Supreme Court’s March 19 decision on in Nielsen v. Preap rejected challenges to mandatory detention of certain noncitizens—“aliens” under the Immigration and Nationality Act (INA). Generally... Read More

Supreme Court on 'When...Released' - Nielsen v. Preap (5-4)
Posted on 19 Mar 2019 by Daniel M. Kowalski

Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration... Read More

Debriefing Preap: Chacón, Johnson and Margulies
Posted on 16 Oct 2018 by Daniel M. Kowalski

On October 10, 2018, the Supreme Court heard oral argument in an immigration case, Sessions v. Preap . Three experts help us understand the case and how the Court might rule: Prof. Jennifer M. Chacón - Are there limits to the government’s... Read More

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

Supreme Court to Review INA Sec. 236(c) "When...Released" Case: Nielsen v. Preap
Posted on 19 Mar 2018 by Daniel M. Kowalski

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately. ... Read More

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson
Posted on 5 Aug 2016 by Daniel M. Kowalski

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal... Read More

Judge Rules to Limit Mandatory Detention of Immigrants in California
Posted on 18 May 2014 by Daniel M. Kowalski

"On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder , a class action lawsuit in... Read More