Diop v. ICE/Homeland Security, No. 10-1113 (3d Cir. 2011)Annotate this Case
Petitioner was detained for 1,072 days pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1226(c), which requires that any person who is removable from this country because he has committed a crime involving moral turpitude or a crime involving a controlled substance be taken into custody and does not provide for release on bond. Petitioner, a citizen of Senegal, apparently had a state conviction for possessing a controlled substance. The district court concluded that the detention was lawful. The Third Circuit construed the pro se petition as seeking habeas corpus and reversed. The statute authorizes only detention for a reasonable period of time, after which the Due Process Clause requires that the government establish that continued detention is necessary to further the purposes of the detention statute. Detention of petitioner for nearly three years without further inquiry into whether it was necessary to ensure his appearance at the removal proceedings or to prevent a risk of danger to the community, was unreasonable.