Page:Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al..pdf/59

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NIELSEN v. PREAP

Appendix B to the Opinion of Breyer, J.

B

The following citations support the claims made supra, at 4, regarding the breadth of the Government’s reading of the statute. I do not intend to suggest that these citations provide a complete description of the many aliens who are detained without a bail hearing under 8 U. S. C. §1226(c). See Jennings v. Rodriguez, 583 U. S. ___, ___ (2018) (Breyer, J., dissenting) (slip op., at 3) (indicating that thousands of aliens are eligible to be detained under subsection (c), that many are held for six months or longer, and that “[n]early 40% of those who have served criminal sentences receive relief from removal”); Preap v. Johnson, 831 F. 3d 1193, 1197 (CA9 2016) (noting that one respondent was detained 11 years after his release from prison); Brief for Advancement Project et al. as Amici Curiae 12 (presenting data from a recent lawsuit in Massachusetts indicating that more than one in five aliens detained under subsection (c) were taken into custody more than five years after their release from prison); §1226(c)(1)(A) (referencing §1182(a)(2), which includes aliens who have committed federal or state controlled substance offenses for which the maximum term of imprisonment exceeds one year); §1226(c)(1)(C) (referencing §1227(a)(2)(A)(i), which applies to aliens convicted of certain crimes “involving moral turpitude”); Hashish v. Gonzales, 442 F. 3d 572, 576 (CA7 2006) (illegally downloading music is a crime of “moral turpitude”); Michel v. INS, 206 F. 3d 253, 261 (CA2 2000) (possessing stolen bus transfers is a crime of “moral turpitude”); §1226(c)(1)(D) (referencing §1182(a)(3)(B), which covers the “spouse or child” of certain aliens engaged in terrorist activity); §1229b (identifying the requirements for obtaining cancellation of removal).