Ali v. Brott, No. 19-1244 (8th Cir. 2019)Annotate this Case
Petitioner, who has been held in custody under 8 U.S.C. 1226(a) since May 2017 while he litigates the issue of whether he is a removable alien, petitioned for a writ of habeas corpus. The Eighth Circuit reversed the district court's grant of habeas relief to petitioner, holding that section 1226(a) is not susceptible of more than one construction and that the constitutional avoidance doctrine has no application here. Therefore, the district court erred when it concluded that pre-removal order detention under section 1226(a) is limited to "the period reasonably necessary to receive a removal decision." The court remanded for further consideration of petitioner's constitutional arguments.