Is Nielsen v. Preap a Textualist Nightmare?
Partner Seth Stodder wrote an article for the Daily Journal on the Nielsen v. Preap case being heard in the U.S. Supreme Court's 9th Circuit. The case involves the U.S. Supreme Court's ongoing interpretation of the Immigration and Nationality Act's provisions that authorize the detention of aliens. Mr. Stodder discusses the provisions and how it could affect this case as Preap was detained by ICE seven years after he served his criminal sentence and was released. Depending on how the Court interprets the text of Section 1226(c), it may lead to many criminal aliens currently held in ICE custody to be released.
READ: Is Nielsen v. Preap a Textualist Nightmare? (Subscription required)