No. 16-1363October Term 2018Decided Mar 19, 2019
Nielsen v. Preap
The case was about whether certain noncitizens with qualifying criminal convictions must be held in mandatory immigration detention even when federal immigration officials do not arrest them immediately after they are released from criminal custody.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 19, 2019
- What it's about
The case was about whether certain noncitizens with qualifying criminal convictions must be held in mandatory immigration detention even when federal immigration officials do not arrest them immediately after they are released from criminal custody. The Supreme Court ultimately ruled that a delay in taking them into immigration custody does not take them out of the mandatory-detention rule.
Question presented
Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released Mar 19, 2019
- Area
Immigration
Timing
Decided March 19, 2019
The Court released its decision on March 19, 2019 without hearing oral argument.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology