Nielsen v. Preap

586 U.S. 392, 139 S. Ct. 954, 203 L. Ed. 2d 333, 2019 U.S. LEXIS 2088
CourtSupreme Court of the United States
DecidedMarch 19, 2019
Docket16-1363
StatusPublished
Cited by350 cases

This text of 586 U.S. 392 (Nielsen v. Preap) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nielsen v. Preap, 586 U.S. 392, 139 S. Ct. 954, 203 L. Ed. 2d 333, 2019 U.S. LEXIS 2088 (2019).

Opinions

Because Preap and Khoury created a split with four other Courts of Appeals, we granted certiorari to review the Ninth Circuit's ruling that criminal aliens who are not arrested immediately upon release are thereby exempt from mandatory detention under § 1226(c). 583 U.S. ----, 138 S.Ct. 1279, 200 L.Ed.2d 468 (2018). We now reverse.

II

Before addressing the merits of the Court of Appeals' interpretation, we resolve four questions regarding our jurisdiction to hear these cases.

The first potential hurdle concerns § 1226(e), which states:

"The [Secretary's] discretionary judgment regarding the application of [ § 1226 ] shall not be subject to review. No court may set aside any action or *962decision by the [Secretary] under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole." (Emphasis added.)

As we have held, this limitation applies only to "discretionary" decisions about the "application" of § 1226 to particular cases. It does not block lawsuits over "the extent of the Government's detention authority under the 'statutory framework' as a whole." Jenningsv . Rodriguez , 583 U.S. ----, ---- - ----, 138 S.Ct. 830, 841, 200 L.Ed.2d 122 (2018) (quoting Demore , 538 U.S. at 517, 123 S.Ct. 1708 ). And the general extent of the Government's authority under § 1226(c) is precisely the issue here. Respondents' argument is not that the Government exercised its statutory authority in an unreasonable fashion. Instead, they dispute the extent of the statutory authority that the Government claims. Because this claim of authority does not constitute a mere "discretionary" "application" of the relevant statute, our review is not barred by § 1226(e).

Nor are we stripped of jurisdiction by § 1252(b)(9), which provides:

"Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter [including §§ 1225 and 1226 ] shall be available only in judicial review of a final order under this section." (Emphasis added.)

As in Jennings , respondents here "are not asking for review of an order of removal; they are not challenging the decision to detain them in the first place or to seek removal [as opposed to the decision to deny them bond hearings]; and they are not even challenging any part of the process by which their removability will be determined. Under these circumstances," we held in Jennings , see 583 U.S., at ---- - ----, 138 S.Ct., at 841, " § 1252(b)(9) does not present a jurisdictional bar."

The Government raised a third concern before the District Court in Preap : that under 8 U.S.C. § 1252(f)(1), that court lacked jurisdiction to enter the requested injunction. As § 1252(f)(1) cautions:

"Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of [§§ 1221-1232] other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated."

Did the Preap court overstep this limit by granting injunctive relief for a class of aliens that includes some who have not yet faced-but merely "will face"-mandatory detention? The District Court said no, but we need not decide. Whether the Preap court had jurisdiction to enter such an injunction is irrelevant because the District Court had jurisdiction to entertain the plaintiffs' request for declaratory relief, and for independent reasons given below, we are ordering the dissolution of the injunction that the District Court ordered.

Finally, and again before the Preap District Court, the Government raised a fourth potential snag: mootness. Class actions are "[n]ormally ... moot if no named class representative with an unexpired claim remain[s] at the time of class certification." United States v . Sanchez-Gomez , 584 U.S. ----, ----, 138 S.Ct. 1532, 1538, 200 L.Ed.2d 792 (2018). But that general norm is no hurdle here.

*963The suggestion of mootness in these cases was based on the fact that by the time of class certification the named plaintiffs had obtained either cancellation of removal or bond hearings. See 831 F.3d at 1197-1198 ; Khoury v. Asher , 3 F.Supp.3d 877, 879-880 (W.D. Wash. 2014). But those developments did not make the cases moot because at least one named plaintiff in both cases had obtained release on bond, as opposed to cancellation of removal, and that release had been granted following a preliminary injunction in a separate case. Unless that preliminary injunction was made permanent and was not disturbed on appeal, these individuals faced the threat of re-arrest and mandatory detention. And indeed, we later ordered that that injunction be dissolved. See Jennings , 583 U.S., at ----, 138 S.Ct., at 852. Thus, in both cases, there was at least one named plaintiff with a live claim when the class was certified.

Even if that had not been so, these cases would not be moot because the fact that a class "was not certified until after the named plaintiffs' claims had become moot does not deprive us of jurisdiction" when, as in these cases, the harms alleged are transitory enough to elude review. County of Riverside v. McLaughlin , 500 U.S. 44

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Cite This Page — Counsel Stack

Bluebook (online)
586 U.S. 392, 139 S. Ct. 954, 203 L. Ed. 2d 333, 2019 U.S. LEXIS 2088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-preap-scotus-2019.