Riley v. Radoncic
- Case Date: 5/31/2002
- Project Name: Protecting America's Freedom: National Security and Defense
On May 5, 2003, the U.S. Supreme Court overturned a lower court decision that had struck down a federal statue that requires immigration authorities to detain, pending deportation, those aliens who have entered the country illegally and are being deported because they have been convicted of aggravated felonies. The decision was a victory for WLF, which had filed a brief urging the Court to hold that alien felons have no constitutional right to be free from detention during the time it takes to complete their deportation. The decision merely vacates the lower court decision and returns the case to the lower court for reconsideration. However, in light of the Supreme Court's April 29 decision in a related case (Demore v. Kim) upholding the statute even as applied to permanent resident aliens, the lower court will have little choice but to rule this time around that the statute is constitutional when (as here) it is applied to illegal aliens.
More Information and Downloads:
5/31/2002: Download the Brief
Litigation Update: Court Upholds Detention Of Aliens Convicted Of Felonies