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CASE #8: DEMORE v. KIM (Mandatory detention for immigrants) Hearing Date: TBD Click here for more information from the Medill School of Journalism Synopsis Hyung Joon Kim, a permanent resident alien of the U.S., was released from prison on Feb. 1, 1999, after serving almost three years for petty theft. The next day, the INS took him into custody and denied him bail while they processed him for deportation. The Immigration and Nationalization Act does not allow for bail for those detained pending deportation. Kim sued the INS in federal court and two lower courts ruled that detention without a bail hearing was in violation of due process, at least with respect to lawful permanent resident aliens like Kim. Lawpsided Analysis This case has particular significance in the wake of 9-11. In fact, for that reason (and that reason alone), we predict that a divided court will uphold the Immigration and Nationalization Act and reverse the decision of the lower courts. Prediction: Reverse (5-4) Result: Reverse (5-4) Do you have something to say about this case? Well, here is your chance to speak up! Simply type your comments below (include your contest nickname), hit the Submit button and your comments will be immediately posted to this page. Your Comments:
Friday September 09, 2005 Kim should not be tried when he is not a threat to the community. He has not murdered or done any large crime more than stealing. He has the right to life liberty and pursuit of happiness, He is a LEGAL alien and at the age of 18 would be able to become a United States citizen.
Sunday January 15, 2006 Mr. Kim WAS a legal alien. His multiple convictions (the "petty theft" conviction was only the latest) were obvious violations of his status as a legal alien. His "pursuit of happiness" shouldn't include repeated criminal acts at a cost to the rest of society.
Friday March 30, 2007 Americans need to recognize that the first step to our loosing our civil rights to due process etc, is when a resident alien looses his. What will be the next reason for the high courts to deny civil rights? And to whom? The war on terrorism fights for one thing - our freedom. What protects our freedom? The Bill of Rights and the Constitution. War is no excuse to deny an individual within our borders his right to due process.
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