U.S. Supreme Court: Can DHS Require Noncitizens to Be Kept in Prolonged Detention?

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.