In June of this year, the
U.S. Supreme Court
announced that it had agreed to hear arguments in the case of
Jennings v. Rodriguez, which is a class action lawsuit filed to challenge the prolonged detention
of noncitizens in removal proceedings. Brought by the American Civil Liberties
Union (ACLU) and the Stanford Law School Immigrants’ Rights Clinic
on behalf of noncitizens in the Central District of California, the lawsuit
challenges the Department of Homeland Security’s (DHS) policy of
detaining immigrants without a bond hearing while their deportation proceedings
are pending. Those individuals who chose to challenge their deportation
were detained for an average of 13 months, while those who did not fight
their deportation were detained for much shorter periods of time. The
Ninth Circuit Court of Appeals ruled in favor of the immigrant class,
holding that DHS must provide class members with bond hearings after six
months of detention. If the members continue to be detained for another
six months, they are entitled to another bond hearing, and a bond hearing
every six months thereafter. In order to continue to hold an immigrant
without bond, DHS attorneys must prove by clear and convincing evidence
that the immigrant is a flight risk and or a danger to the community.
The immigration judge then will determine whether the immigrant should
be denied bond or not. The government, however, has sought further review
of the Ninth Circuit decision by the U.S. Supreme Court. At
Landerholm Immigration, A.P.C., we are watching this case closely, as its outcome will directly impact
many of our clients, some of whom have been detained for four and five
months while their removal cases are pending. With this ruling, we know
when and how often we are able to request a bond hearing, which is uniformly
beneficial to our clients. We are dedicated to protecting the rights of
noncitizens while detained and working toward release from detention,
no matter what type of deportation charges an individual may be facing.
We know how to evaluate your case, explore your options, and provide you
with the strongest defense against removal possible. Contact your California
deportation defense lawyers today and set up an appointment to speak with
our legal team.
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