The Third Circuit considered the process afforded noncitizens under 8 U.S.C. § 1226. That statute compels the Government to detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and hold them without bond pending their removal proceedings. The Third Circuit ruled that § 1226(c) is constitutional even as applied to noncitizens who have substantial defenses to removal. But the Court ruled that detainees had the right to a hearing on the issue at which the Government has the burden to establish the applicability of § 1226(c) by a preponderance of the evidence. Furthermore, the Government must make available a contemporaneous record of that hearing. Finally, the Court ruled that § 1252(f)(1) does not authorize classwide injunctions.
