Riley v. Bondi

In Riley v. Bondi, the U.S. Supreme Court addressed whether mandatory detention under 8 U.S.C. § 1226(c) applies only if the Department of Homeland Security takes a noncitizen into custody immediately upon release from criminal confinement. Riley, a lawful permanent resident with past criminal convictions, was detained by ICE years after his release and argued he was entitled to a bond hearing because the government did not detain him "when... released." The Sixth Circuit agreed, but the Supreme Court reversed, holding that the statute does not impose an immediacy requirement; the government may detain covered noncitizens at any time after release, and they are not automatically entitled to bond hearings.

The Supreme Court reversed the Sixth Circuit and held that mandatory detention under § 1226(c) does not require immediate action; noncitizens remain subject to mandatory detention even if taken into custody years after release, and they are not entitled to an individualized bond hearing.

Whether the phrase "when the alien is released" in 8 U.S.C. § 1226(c) requires immigration authorities to detain a noncitizen immediately upon release from criminal custody in order to apply mandatory detention without a bond hearing.

The decision broadens the government's authority to detain noncitizens with certain criminal convictions without bond hearings, reducing judicial oversight and affecting thousands of immigration detainees; it also resolves a circuit split and reinforces strict statutory interpretation in immigration enforcement.