Nielsen v. Preap

Argument:  October 10, 2018
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Nielsen:  A noncitizen released from criminal custody DOES NOT BECOME EXEMPT from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately.

Preap:  A noncitizen released from criminal custody BECOMES EXEMPT from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately.

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