AILA and Northwest Immigrant Rights Project Submit Amicus Brief to EOIR on Mandatory Detention

AILA and Northwest Immigrant Rights Project submitted an amicus brief to EOIR arguing that INA § 236 governs Matter of Perez Cruz and that the IJ decision should be vacated since EOIR and ICE have long applied § 236 to determine the custody of noncitizens like Mr. Perez Cruz. Section 235 applies only to individuals detained upon entry or shortly thereafter who are seeking admission, as specified in the statute, while § 236 applies to those who have previously entered without admission and are now residing in the United States.