How to Argue Bond After 6 Months in Detention Post Rodriguez

How to Argue Bond After 6 Months in Detention Post Rodriguez

On February 27, 2018, the U.S. Supreme Court issued a decision in the case of Jennings v. Rodriguez, 138 S.Ct. 830 (2018), which essentially took away automatic bond hearings for individuals who had been in immigration detention for six months or more. However, this does not mean that your right to request a bond hearing after prolonged detention has been taken away; it just means that eligibility for such will depend on your particular case and situation.

Different factors that may affect your eligibility for a bond hearing after prolonged detention include the location of your case, the type of removal proceedings you were placed in, and the specific circumstances of your case. Strong arguments can also be made based on Constitutional grounds, as there are serious due process concerns when an individual is subject to prolonged detention without the opportunity of being heard. When this is the case, a Habeas Corpus Petition can be filed in U.S. District Court to challenge the unlawful detention.

Due to the case specific circumstances surrounding bond requests after prolonged detention, you are strongly encouraged to seek the advice of an attorney. An attorney can help determine the best strategy to use and the best route to take for the best possible outcome in your case. Prolonged detention is a serious issue that severely affects the individuals detained and their families; having a knowledgeable advocate by your side can truly make a improve your chances of being released after prolonged detention.

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