Under § 236(c) of the INA, Congress has recently given the U.S. INS expanded authority to mandatorily detain certain types of aliens without the possibility or eligibility for release on bond during the pendency of immigration proceedings to remove the alien from the United States. This provision of law has been challenged in the Courts as having defects (unconstitutional, statutory defects, etc.). The following is a summary of cases and their decisions regarding section 236(c) of the Act.
Decisions Holding INA §236(c) Unconstitutional
- Martinez v. Greene, 28 F. Supp. 1275 (D. Colo. 1998)
- Van Eeton v. Beebe, CV-99-16-PA (D. Ore. April 13, 1999)
- Nguyen v. Beebe, CV 99-340-HV (D. Ore. April 13, 1999)
- US vs. Juan Jose de la Riva-Teniente, Crim. No. 99-84M (D.N.M. Mar. 1999) Magistrate Judge's Proposed Findings and Recommended Disposition
Decisions Holding INA §236 (c) Does Not Apply - Statutory Grounds
- Alwaday v. Beebe, 1999 WL 184028 (D. Ore. January 29, 1999)
- Velasquez v. Reno, 1999 WL 194198 (D. N.J. April 5, 1999)
- Alves-Curras v. Fasano, 98 CV 2295 (S.D. Cal. Feb. 2, 1999)
- Reyes-Rodriguez v. Fasano, 99 CV 0023 (S.D. Cal. Feb. 26, 1999)
Decisions Holding INA §236(c) Constitutional
- Parra v. Perryman, 1999 WL 173692 (7th Cir. 1999)
- Diaz-Zaldierna v. Fasano, 1999 WL 199110 (S. D. Cal. March 16, 1999)
- Aguirre-Garcia v. Fasano, 99-0629-IEG (S.D. Cal. May 17, 1999) (but also found that 236(c) does not apply to persons released from criminal custody prior to the expiration of the TPCR)