| | No. 01-285: Thoms v. Rosales-Garcia - Petition (GVR) |
 | | (1) Pending a determination of excludability, the Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense). |
| | Consequently, we emphatically reject the government's premise that excludable aliens are completely foreign to the Fifth Amendment of the Constitution.27 We therefore find ourselves asked to draw a line of constitutional dimension between the act of torturing an excludable alien and the act of imprisoning such an alien indefinitely. |
| | Absent evidence that Congress intended to punish excludable aliens by detaining them indefinitely,4 he punitive/ regulatory distinction itself turns on (1) whether the detention is rationally related to some alternative (i.e., non-punitive) purpose, and (2) whether the detention appears excessive in relation to the alternative purpose that Congress sought to achieve. |
| www.usdoj.gov /osg/briefs/2001/2pet/7pet/2001-0285.pet.aa.html (16506 words) |
