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Hoang v. Comfort, No. 01-1136 (10th Cir.) (282 F.3d 1247) (March 5, 2002) (Judge Mary Beck Briscoe)

Here the Court held that section 236(c) of the Immigration and Nationality Act (18 U.S.C. ยง 1226(c)), which required the mandatory detention of criminal aliens pending administrative removal proceedings, is unconstitutional as violative of both substantive and procedural due process, as applied to lawful permanent resident aliens.

The Court held ...

 

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