Arkansas Law Review
School of Law
Waterman Hall 107
Fayetteville, AR 72701


Phone: (479) 575-5610

School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

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Freedom from Detention: The Constitutionality of Mandatory Detention for Criminal Aliens Seeking to Challenge Grounds for Removal

Darlene C. Goring

This article will examine the narrow question left unresolved by the Court’s decision in Demore regarding “whether mandatory detention under § 1226(c) is consistent with due process when a detainee makes a colorable claim that he is not in fact deportable.”22 This article will examine the Seventh Circuit’s application of that language to provide heightened due process protections to aliens facing mandatory detention. It will also examine the application of section 1226(c) to aliens in removal proceedings and discuss the due process implications arising from mandatory detention of aliens in removal proceedings.

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