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It's not based on legal precedent, it's right in the code. It was part of the "Immigration and Nationality Act", which most people refer to as "INA".

You still need a judge to rule that he in fact broke the law. (Specifically an immigration judge.)

Misread "his" for "this". He's only just been detained, I don't imagine a hearing has happened that fast.

Then he still has green card status.