Nielsen v. Preap

Holding: The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on March 19, 2019. Justice Alito announced the judgment of the court and delivered the opinion of the court with respect to Parts I, III-A, III-B-1, and IV, in which Chief Justice Roberts and Justices Thomas, Gorsuch, and Kavanaugh joined, and an opinion with respect to Parts II and III-B-2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

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