Wednesday, November 18, 2015

Bond Hearings for Detained Immigrants

Detained immigrants are now entitled to bond hearings after six months of detention.
 
Rodriguez v. Robbins, 2015 BL 353942, 9th Cir., No. 13-56706, 10/28/15
Lora v. Shanahan, 2015 BL 353853, 2d Cir., No. 14-2343-pr, 10/28/15


    Appellate courts for the Ninth and Second circuits held that detained immigrants are now entitled to have bond hearings after six months of detention. The rulings are consistent with two other circuits and the same issue is pending in the First and Eleventh circuits as well.

    Both cases relied on Zadvyas v. Davis, 533 U.S. 678 (2001), where the Supreme Court ruled that a detention period of six months is "presumptively reasonable," but that the indefinite detention of an immigrant would raise Fifth Amendment due process concerns.

    Bond hearings after no more than six months of detention ensure that immigrants will not be subjected to unnecessary imprisonment. These decisions require only a hearing, and not release. Both courts determined that a detained immigrant must be released on bail unless the federal government justifies continued detention with "clear and convincing evidence."

http://www.bloomberglaw.com/public/desktop/document/ALEJANDRO_RODRIGUEZ_ABDIRIZAK_Nos_13_56706_ADEN_FARAH_JOSE_FARIAS?1447859310

http://www.bloomberglaw.com/public/desktop/document/ALEXANDER_LORA_PetitionerAppellee_v_CHRISTOPHER_SHANAHAN_in_his_o?1447859312

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