Demore v. Kim
Kim, a lawful permanent resident alien, was convicted in state court of petty theft with priors, and sentenced to three years in prison. After his release from prison, Kim was detained by the Immigration and Naturalization Service (INS) on the grounds that his conviction was an ”aggravated felony” and thus made Kim removable under section 1227(a) of the Immigration and Naturalization Act (INA). Kim filed a petition for a writ of habeas corpus in federal district court, arguing that the no-bail provision of section 1226(a) violates the Due Process Clause of the Fifth Amendment. The district court held section 1226(a) unconstitutional on its face and ordered the INS to hold a bail hearing for Kim. The court of appeals affirmed on different grounds; it held that section 1226(a) was not unconstitutional on its face but that it was unconstitutional as applied to lawful permanent resident aliens.
Question Presented:
Whether respondent's mandatory detention under section 1226(c) of the INA violates the Due Process Clause of the Fifth Amendment, where respondent was convicted of an aggravated felony after his
admission into the United States.
