Federal District Court of Pennsylvania Imposes Reasonableness Test on Mandatory Detentions

“[T]he Court harbors grave concerns about the prolonged detention of aliens under § 1226(c). While our holding is appropriately deferential to Congress’s intent, the constitutionally problematic statute has forced the respondents to repeatedly interpose arguments that torture both law and logic in opposing habeas petitions of the type sub judice. We have fashioned a resolution that is admittedly imperfect, but which represents the best we can do given the statutory and jurisprudential minefield facing us. For the foregoing reasons, the petitioners’ habeas petition will be granted in part to the extent that the Court construes § 1226(c) as authorizing mandatory detention for the period of time reasonably necessary to promptly initiate and conclude removal proceedings. Within 20 days of the date of this order, the parties shall indicate whether they wish to present testimony or evidence regarding the reasonableness of the petitioners’ detention. Thereafter, the Court will determine whether the petitioners shall be afforded a bond hearing.” Alli v. Decker, Aug. 10, 2009.

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