Opinion of the Court
Stat. 3009–585, 8 U. S. C. §1226(c), these aliens must be arrested “when [they are] released” from custody on criminal charges and (with one narrow exception not involved in these cases) must be detained without a bond hearing until the question of their removal is resolved.
In these cases, the United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement applies only if a covered alien is arrested by immigration officials as soon as he is released from jail. If the alien evades arrest for some short period of time–according to respondents, even 24 hours is too long–the mandatory-detention requirement is inapplicable, and the alien must have an opportunity to apply for release on bond or parole. Four other Circuits have rejected this interpretation of the statute, and we agree that the Ninth Circuit’s interpretation is wrong. We therefore reverse the judgments below and remand for further proceedings.
I
A
Under federal immigration law, aliens present in this country may be removed if they fall “within one or more… classes of deportable aliens.” 8 U. S. C. §1227(a). In these cases, we focus on two provisions governing the arrest, detention, and release of aliens who are believed to be subject to removal.
The first provision, §1226(a),[1] applies to most such
- ↑ This provision states:
- “(a) Arrest, detention, and release
- “On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General–
- “(1) may continue to detain the arrested alien; and
- “(2) may release the alien on–
- “(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
