The Supreme Court has determined that the mandatory detention provisions in INA 236(c) apply to any of the enumerated grounds, so long as the person was released from criminal custody after October 8, 1998. The implication of this decision is that many individuals convicted years ago of relatively minor crimes (i.e., simple drug possession, theft) can now be detained without a bond hearing by immigration authorities. The Supreme Court noted that the petitioners in this matter did not mount a constitutional challenge to the mandatory detention provision, only a statutory one, leaving open the possibility that the Court may reconsider the constitutionality of the mandatory detention scheme in a future case.

The full text of Nielsen v. Preap can be found here: