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#11
01-30-2025, 01:39 PM
Senior Member
Joined in Jan 2018
651 posts
cmeow
Quote:
Originally Posted by Demise View Post
Nope. It's basically all mandatory detention. Cherry on top is the while previously whether or not to release one from immigration detention was not subject to judicial review, currently releases only are subject to judicial review.

So even if an IJ grants you a release because you had a clean record, and are just twiddling your thumbs until your F2B becomes current and could be fine with just an admin closure until you can file I-601A (where you'd recalendar and get a VD), whatever shithole state can sue and while the collateral review is going on you will likely just stay in detention.

Only real hope is that giving review powers to article III courts will lead to parts of the law being struck down on 5th amendment grounds since in general moving any immigration case to federal court is neigh impossible due to the Real ID Act.
Isn't there a petty theft exemption in the INA or does that not matter when it comes to mandatory detention? Do you know if this applies retroactively? Seems like mandatory permanent detention is really harsh....
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