United States Tenth Circuit
HOANG v. COMFORT, 01-1136, 01-1180, 01-1343
Section 236(c) of the Immigration and Nationality Act, which required the mandatory detention of criminal aliens pending administrative removal proceedings, is unconstitutional as violative of both substantive and procedural due process, as applied to lawful permanent resident aliens.
Appellate Information
- Decided 03/05/2002
- Published 03/05/2002
Judges
- BRISCOE, Circuit Judge., Before BRISCOE and BALDOCK, Circuit Judges, and ALLEY, District Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Marvin E. Frankel and Jennifer L. Rochon of Kramer, Levin, Naftalis & Frankel LLP, New York, NY, and Nancy Morawetz, of Washington Square Legal Services, Inc., New York, NY, on the brief for Citizens and Immigrants for Equal Justice and American Immigration Lawyers Association, Amici Curiae.
- For Appellees:
- Michelle E. Gorden, Attorney (Emily Anne Radford, Assistant Director; Papu Sandhu, Senior Litigation Counsel; Allen W. Hausman, Senior Litigation Counsel; and Joshua E. Braunstein, Attorney, with her on the briefs), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondent-Appellant., Judy Rabinovitz, American Civil Liberties Union Foundation, New York, New York (Liliana M. Garces, American Civil Liberties Union Foundation, Oakland, CA, and Jim Salvator, Lafayette, CO, with her on the brief), for Petitioners-Appellees.