Criminal Defense of Immigrants


§ 10.68 3. Mandatory Detention

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The INA requires the attorney general to detain any noncitizen who is deportable on the basis of an offense for which a sentence of one year or more has been imposed.  See Chapter 6, supra.[299]  Obtaining a sentence imposed of less than one year will enable the noncitizen to avoid this ground of mandatory detention.  See § 6.37, supra.

[299] INA § 236(c)(1)(C), 8 U.S.C. § 1226(c)(1)(C)(who is “deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence [sic] to a term of imprisonment of at least 1 year . . . .”).