Tuesday, October 16, 2018

At Oral Argument, Supreme Court Weighs Immigrant Detention


Professor Peter Margulies analyzes the Supreme Court oral arguments in Nielsen v. Preap for Lawfare. His read:

"The Supreme Court should affirm the Ninth Circuit—but it should require that the noncitizen seeking release must show colorable grounds for contesting removal or obtaining other relief under the INA. Application of this substantive stake test will avoid constitutional problems while vindicating Congress’s concern with noncitizens’ appearance in immigration court."



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