Rodriguez v. Robbins: Ninth Circuit Upholds Mandated Bond Hearings for Individuals Detained for Six Months or Longer

Rodriguez v. Robbins: Ninth Circuit Upholds Mandated Bond Hearings for Individuals Detained for Six Months or Longer

The American Civil Liberties Union (ACLU) filed a class action lawsuit in order to establish a right to a bond hearing for immigrants whom the government has detained for six months or more. The named plaintiff in the case is Alejandro Rodriguez, whose family brought him to the U.S. as an infant. After living in the U.S. for his entire life, federal immigration authorities detained him on the basis of minor theft offenses, and filed deportation proceedings against him. While Rodriguez ultimately won his cases, he spent three years in an immigration detention facility without a hearing on the subject of bond. After lengthy proceedings in the U.S. District Court and an appeal filed with the Ninth Circuit Court of Appeals, the ACLU’s class action lawsuit was successful. Ultimately, the Ninth Circuit Court of Appeals issued a landmark immigration law decision finding that all noncitizens detained by the U.S. government for six months or more for the purposes of deportation proceedings were entitled to a hearing to determine whether their detention should continue. An immigration judge then will have the task of deciding if there is clear and convincing evidence that an immigrant is a flight risk or a danger to the community if he or she were to be released. Absent this type of evidence, the immigration judge should not deny the immigrant bond. Furthermore, the court can consider alternate forms of detention, such as electronic monitoring devices. This case was a huge victory, not just for Mr. Rodriguez, but for all our clients who are detained for the months and years waiting for their immigration case to be decided. Landerholm Immigration, A.P.C. is composed of skilled immigration attorneys who focus exclusively on defending individuals in deportation cases. We realize just how stressful and emotional deportation proceedings can be for you and your entire family. The uncertainty of a potential deportation can drag on for months and even years as you continue to build a life in America without any assurances that you will be able to stay in the country. As seasoned deportation defense lawyers, we know what it takes to successfully defend against deportation in a wide variety of situations and how to develop the best strategy in your defense case. Call us today and learn how we can advocate on your behalf and work toward avoiding deportation altogether.
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