St. John v. McElroy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding mandatory detention of lawful permanent residents under former section 236(e) of the Act unconstitutional
• finding mandatory detention of lawful permanent residents under former section 236(e) of the Act unconstitu- tional
• finding the interest in freedom from confinement to be “of the highest constitutional import”
• finding the interest in freedom from confinement to be “of the highest constitutional import”
• freedom from detention is “a liberty interest ... of the highest constitutional import”
• due process not satisfied by parole review; instead, it requires an “impartial adjudicator” to review detention since, “[d]ue to political and community pressure, the INS . . . has every incentive to continue to detain”

Source: CourtListener parenthetical corpus (CC0).