Court probes practical consequences if ICE does not immediately remove transferred defendant

Oct 12, 2026

Justices questioned what happens if a defendant is transferred to ICE custody but not deported immediately; government counsel said the stay would be conditioned on ICE custody and that failure of the condition would lead to a warrant and the remaining sentence being served.

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A key practical concern at argument was what would happen to Nathan if he were released to ICE custody but immigration did not immediately remove him.

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