In the Matter of Patel

1 Analyses of this admin-law by attorneys

  1. Is DHS admitting immigration detention is punishment?

    University of Denver Sturm College of LawSeptember 25, 2014

    Traditionally, the BIA has insisted that migrants “should not be detained or required to post bond except on a finding that he is a threat to the national security…or that he is a poor bail risk.” Matter of Patel, 15 I&N Dec. 666, 666 (BIA 1976) (internal citations omitted). This traditional view has been upended by the mandatory detention provision, INA § 236(c), that forces immigration authorities to take custody of anyone who meets specified criteria.