523 U.S. 26 (1998) Cited 853 times 9 Legal Analyses
Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial
500 U.S. 173 (1991) Cited 867 times 3 Legal Analyses
Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue
Holding that § 1226(c) is not triggered until an alien is released from custody for having committed an offense specified in subparagraphs-(D), as opposed to being triggered by release from any type of criminal custody
317 F. Supp. 2d 1221 (W.D. Wash. 2004) Cited 74 times
Holding that “the mandatory detention statute, I NA § 236(c), does not apply to aliens who have been taken into immigration custody several months or years after they have been released from state custody”
697 F. Supp. 2d 774 (E.D. Mich. 2010) Cited 54 times
Holding that "[b]ecause the Court finds that the statute at issue clearly and unambiguously requires the Attorney General to take into custody certain aliens without delay in order to make applicable the mandatory detention provisions of 8 U.S.C. § 1226(c), the Court does not defer to the Board of Immigration Appeals' decision to the contrary in Matter of Rojas"
70 F. Supp. 2d 1124 (S.D. Cal. 1999) Cited 49 times
Holding that § 1226(c) does not apply retroactively to persons who were released from custody prior to the effective date of the mandatory detention provision, and does not address whether physical custody is a requirement for the statute to apply
8 U.S.C. § 1226 Cited 3,173 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"