when released

Supreme Court to Decide Whether “When Released” Means Immediately Released from Criminal Custody

In Nielsen v. Preap, the U.S. Supreme Court granted the government’s petition for a writ of certiorari, Kelly v. Preap, in which the question presented is, “Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.” The statute in question provides that the Attorney...