Immigration law says that after a person commits a crime for which they can be deported and serves their sentence, the government should take them into immigration custody when they're released.
Lee Boyd Malvo listens to court proceedings during the trial of fellow sniper suspect John Allen Muhammad in Virginia Beach, Va., in 2003. His partner in the shootings, John Allen Muhammad, was executed in November 2009 in Virginia for his part in the spree.
A divided court found that sentencing a child to life without parole is excessive for all but "the rare juvenile offender whose crime reflects irreparable corruption".
The Supreme Court ruled in favor of the Trump administration Tuesday, allowing federal officials to detain and deport illegal immigrants after they have served their time in the USA for other crimes. They said if his crimes instead "reflect the transient immaturity of youth" he's entitled to a sentence short of life without parole.
Democrats have argued that the measure would be a tit-for-tat response to moves already taken by President Trump and Senate Majority Leader Mitch McConnell to get high numbers of conservative judges nominated and confirmed to courts across the country, as well as McConnell's success in preventing former President Obama's nominee for the Supreme Court Merrick Garland from ever receiving a vote. It said the death penalty was off-limits for juveniles, and in 2012 said that mandatory life sentences without the possibility of parole were unconstitutional for those under 18.
New Zealand Charges Main Shooter in Mosque Attack with Murder
The attack , apparently broadcast live for a time on social media, is the deadliest mass killing in New Zealand since 1943. He said Saturday that the six confirmed dead include 48-year-old Naeem Rashid and his 21-year-old son, Talha Naeem.
Malvo's Maryland sentences were upheld in 2017.
Malvo is now serving life without parole. He was 17 at the time of the 2002 shootings that killed 10 people. As is typical, the justices did not make any comment in agreeing to hear the case, which will be argued in the fall. The court also ruled the government maintains broad discretion to decide who would represent a danger to the community in deciding who to release or detain.
Malvo and his mentor Muhammad, who was 41, shot people as they pumped gas, loaded packages into their cars and went about their everyday business during a three-week period.
In this case, the 9th Circuit had ruled that under the law, if U.S. Immigration and Customs Enforcement immediately arrested someone released from a federal, state or local prison, they could be held without bond in the immigration detention system.