The Ninth Circuit has limited the mandatory detention provision for non-citizens convicted of certain criminal offenses. Specifically, the mandatory detention provision is triggered only if the non-citizen is transferred promptly from criminal to immigration custody. If there is a significant break between criminal and immigration custody, the non-citizen is entitled to a bond hearing. The court rejected the Board of Immigration Appeals' decision in Matter of Rojas, finding it contradictory to the plain language of the mandatory detention statute. The court noted that it was not requiring an immediate transfer from criminal to immigration custody, but declined to specify what qualified as a prompt apprehension, noting that the case did not present the question of how quickly apprehension by immigration authorities must occur to trigger the mandatory detention statute. Nonetheless, the court did not alter the class certified by the District Court, which includes those not immediately detained by immigration authorities upon release from criminal custody.
The full text of Preap v. Johnson can be found here: