United States Third Circuit

Mandatory detention of aliens found subject to removal, but who have not yet been removed because they are pursuing their administrative remedies, violates due process, unless they have had the opportunity for a hearing to show that they do not pose a flight risk or danger to the community.

Appellate Information

• Decided 12/19/2001
• Published 12/19/2001

Judges

• Before:  SLOVITER, NYGAARD and McKEE, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michelle S. Walker, Philip J. Katauskas, Pepper Hamilton LLP, Philadelphia, PA, Judy Rabinovitz (Argued), American Civil Liberties Union Immigrants' Rights Project, New York, NY, Liliana M. Garces, ACLU Immigrants' Rights Project, Oakland, CA, Robert D. Kolken, Eric W. Schultz, Sacks & Kolken, Buffalo, NY, Attorneys for Appellant., Jennifer Rochon, Kramer, Levin, Naftalis & Frankel, New York, NY, Attorney for Amicus-Appellant The American Immigration Lawyers Association Citizens and Immigrants for Equal Justice.


• For Appellees:
  
• Michael L. Levy, United States Attorney, James G. Sheehan, Assistant United States Attorney, Chief, Civil Division, Stephen J. Britt (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, Attorney for Appellee.