Ali v. Brott

Immigrant from Iraq is detained for a year and a half while an immigration judge decides whether to send him back to the Middle East. The man sues to get out of custody. District judge: He’s locked up under a statute that operates only for the time reasonably necessary to get a decision. A year and a half is too long. Let him out. Eighth Circuit: Those words are not in the statute. But the district court should address the man’s constitutional claims. [Ed. note: If there’s time. Because—well—there’s a preliminary order to send him back to Iraq.]

Tags: 2019, Eighth Circuit, Habeas Corpus, Immigration

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