U.S. Supreme Court Grants Rehearing in Rodriguez Right to Bond Hearing Case

U.S. Supreme Court Grants Rehearing in Rodriguez Right to Bond Hearing Case

The U.S. Supreme Court has announced that it will re-hear a case concerning whether immigrants who are detained by the U.S. government have a right to a bond hearing to challenge their continued detention, which is essentially indefinite in nature. The outcome of this case has implications both for immigrants seeking asylum who turned themselves in at the border and legal permanent residents whom the government is seeking to deport because they committed crimes. At the center of this case is Alejandro Rodriguez, who came to the U.S. as a child. As a teenager, Rodriguez was convicted of joyriding, and at age 24, he pled guilty to misdemeanor possession of a controlled substance. The government placed Rodriguez in deportation proceedings in 2004, and he was detained for three years without the right to appear before a judge and request bond. After the American Civil Liberties Union (ACLU) took up Rodriguez’s case and named him as lead plaintiff in a class action lawsuit, Rodriguez ultimately was released and obtained cancellation of his removal order. Rodriguez remains in the United States today, where he has lived the majority of his life. The Ninth Circuit Court of Appeals ruled that immigrant detainees like Rodriguez and asylum seekers cannot be detained indefinitely; at a minimum, these individuals have the right to a bond hearing every six months. Furthermore, the court ruled that the government had to show that an immigrant would pose a danger or a flight risk if set free in order to continue to detain him or her. The Obama administration appealed to the U.S. Supreme Court, arguing that Congress, not the courts, had the sole power to make immigration laws, which allow the government to detain these immigrants. Legal representation is essential to fighting back against deportation charges brought by the federal government. The Oakland deportation defense attorneys of Landerholm Immigration, A.P.C. know how to help you through every step of your deportation proceedings. Take the first step today toward securing the future of your family in the United States, and call our office at (510) 756-4468 to set up a legal consultation with one of our highly skilled California immigration lawyers.
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