Opinion of the Court
probable cause for those subjected to warrantless arrest and detention). Respondents claim that they would be harmed by detention without a hearing pending a decision on their removal. Because this type of injury ends as soon as the decision on removal is made, it is transitory. So the fact that the named plaintiffs obtained some relief before class certification does not moot their claims.
III
Having assured ourselves of our jurisdiction, we turn to the merits. Respondents contend that they are not properly subject to §1226(c)’s mandatory-detention scheme, but instead are entitled to the bond hearings available to those held under the general arrest and release authority provided in §1226(a). Respondents’ primary textual argument turns on the interaction of paragraphs (1) and (2) of §1226(c). Recall that those paragraphs govern, respectively, the “[c]ustody” and “[r]elease” of criminal aliens guilty of a predicate offense. Paragraph (1) directs the Secretary to arrest any such alien “when the alien is released,” and paragraph (2) forbids the Secretary to release any “alien described in paragraph (1)” pending a determination on removal (with one exception not relevant here). Because the parties’ arguments about the meaning of §1226(c) require close attention to the statute’s terms and structure, we reproduce the provision in full below. But only the portions of the statute that we have highlighted are directly relevant to respondents’ argument. Section 1226(c) provides:
- “(c) Detention of criminal aliens
- “(1) Custody
- “The [Secretary] shall take into custody any alien who–
- “(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
- “(B) is deportable by reason of having committed
