Supreme Court held that a statute permitting indefinite detention would raise serious constitutional problems because the due process clause of the fifth amendment prohibits depriving any person. including aliens. of liberty without due process of law. The Community Protection Act would allow expedited removal of aliens who have not been inspected or paroled into the United States. are inadmissible on the basis of a criminal ground. a conviction would not be required. do not have a credible fear of persecution. and are not eligible for a waiver or relief from removal. The Immigration and Nationality Act. INA. already has provisions for the expedited removal of criminal aliens. but it applies to aliens who have been convicted of an aggravated felony. As a practical matter. relief from deportation is not available to an alien who has been convicted of an aggravated felony. Only two issues are involved in these cases. is the person an alien and has he been convicted of an aggravated felony. In contrast.
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deportation Immigration