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§
1.64 d. Mandatory Detention Is Triggered
if a Noncitizen Is Deportable for One
Conviction of
a Crime of Moral Turpitude for Which
a
Sentence of One Year or More Has Been
Imposed
The
INA requires the attorney general to detain any noncitizen
who is deportable on the basis of an offense for which a
sentence of one year or more has been imposed.FN330
Obtaining a sentence imposed of less than one year will
enable the noncitizen to avoid this ground of mandatory
detention.
UPDATES
for this section (from March, 2003 through May, 2005)
§
1.64 d. Mandatory Detention is Triggered if a Noncitizen
is Deportable for One Conviction of a Crime of Moral Turpitude
for Which a Sentence of One Year or More has Been Imposed
DETENTION
– MANDATORY DETENTION – INDEFINITE DETENTION
Seirra
v. Romaine,
347 F.3d 559
(3d Cir. Oct. 29, 2003) (IIRAIRA § 309(c)(1) transitional
rule governing detention of persons in immigration proceedings
on April 1, 1997, does not apply to noncitizens ordered
deported prior to April 1, 1997. However, Zadvydas v. Davis,
553 U.S. 678 (2001), does not apply to excludable/inadmissible
noncitizens (disagreeing with Xi v. INS, 298 F.3d 832 (9th
Cir. 2002))).
§
1.64 d. Mandatory Detention is Triggered if a Noncitizen
is Deportable for One Conviction of a Crime of Moral Turpitude
for Which a Sentence of One Year or More has Been Imposed
DETENTION
– MANDATORY DETENTION – INDEFINITE DETENTION
Martinez-Vazquez
v. INS, 346
F.3d 903
(9th Cir. Oct. 1, 2003) (IIRAIRA § 309(c)(1)
transitional rule governing detention of persons in immigration
proceedings on April 1, 1997, does not apply to noncitizens
ordered deported prior to that date. Therefore 8 U.S.C.
§ 1231(a)(6), Zadvydas v. Davis, 553 U.S. 678 (2001), and
Xi v. INS, 298 F.3d 832 (9th Cir. 2002), apply
to inadmissible noncitizens ordered excluded prior to that
date).
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