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HOANG v. COMFORT

Nos. 01-1136, 01-1180, 01-1343.

282 F.3d 1247 (2002)

Phu Chan HOANG, Thanh Quoc Nguyen, and Pham Qua Trung, Petitioners-Appellees, v. Michael COMFORT, Acting District Director, United States Immigration and Naturalization Service, Denver, Colorado, Respondent-Appellant. Citizens and Immigrants for Equal Justice; American Immigration Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

March 5, 2002.

Attorney(s) appearing for the Case

Michelle E. Gorden, Attorney (Emily Anne Radford, Assistant Director; Papu Sandhu, Senior Litigation Counsel; Allen W. Hausman, Senior Litigation Counsel; and Joshua E. Braunstein, Attorney, with her on the briefs), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondent-Appellant.

Judy Rabinovitz, American Civil Liberties Union Foundation, New York, New York (Liliana M. Garces, American Civil Liberties Union Foundation, Oakland, CA, and Jim Salvator, Lafayette, CO, with her on the brief), for Petitioners-Appellees.

Marvin E. Frankel and Jennifer L. Rochon of Kramer, Levin, Naftalis & Frankel LLP, New York, NY, and Nancy Morawetz, of Washington Square Legal Services, Inc., New York, NY, on the brief for Citizens and Immigrants for Equal Justice and American Immigration Lawyers Association, Amici Curiae.

Before BRISCOE and BALDOCK, Circuit Judges, and ALLEY, District Judge.

BRISCOE, Circuit Judge.

The United States Immigration and Naturalization Service (INS) appeals the district court's rulings in three cases which held that Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c), (INA) is unconstitutional as violative of both substantive and procedural due process. Section 236(c) of the INA requires the mandatory detention of criminal aliens pending administrative removal proceedings. We agree that the mandatory...

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