Law Firm News
Today's Date: Bookmark This Website
High court: Held immigrants can't get periodic bond hearings
Industry News | 2018/03/03 20:54
The Supreme Court ruled Tuesday that immigrants the government has detained and is considering deporting aren't entitled by law to periodic bond hearings.

The case is a class-action lawsuit brought by immigrants who've spent long periods in custody. The group includes some people facing deportation because they've committed a crime and others who arrived at the border seeking asylum.

The San Francisco-based U.S. Court of Appeals for the 9th Circuit had ruled for the immigrants, saying that under immigration law they had a right to periodic bond hearings. The court said the immigrants generally should get bond hearings after six months in detention, and then every six months if they continue to be held.

But the Supreme Court reversed that decision Tuesday and sided with the Trump administration, which had argued against the ruling, a position also taken by the Obama administration.

Justice Samuel Alito wrote for five justices that immigration law doesn't require periodic bond hearings. But the justices sent the case back to the appeals court to consider whether the case should continue as a class action and the immigrants' arguments that the provisions of immigration law they are challenging are unconstitutional.

But Justice Stephen Breyer, writing a dissenting opinion joined by two other liberal-leaning justices on the court, Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg, said he would have read the provisions of immigration law to require hearings for people detained for a prolonged period of time.

"The bail questions before us are technical but at heart they are simple," Breyer wrote. "We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have 'certain unalienable Rights,' and that among them is the right to 'Liberty,'" he wrote.

The American Civil Liberties Union, which brought the case on behalf of the immigrants, had previously said that about 34,000 immigrants are being detained on any given day in the United States, and 90 percent of immigrants' cases are resolved within six months. But some cases take much longer.

In the case before the justices, Mexican immigrant Alejandro Rodriguez was detained for more than three years without a bond hearing. He was fighting deportation after being convicted of misdemeanor drug possession and joyriding, and was ultimately released and allowed to stay in the United States.

[PREV] [1] ..[4][5][6][7][8][9][10][11][12].. [1861] [NEXT]
Network News
Industry News
Lawyer News
Headline Topics
Blog Updates
Legal Business
Headline Court News
Court Watch News
Press Release
Law Opinions
Political View
Law School News
TransCanada doesn't have to ..
Former Trump campaign aide N..
Martin Shkreli cries in cour..
Cambodian court denies oppos..
Court rules in favor of fire..
Brazil court largely upholds..
South Carolina court questio..
High court: Held immigrants ..
Court: Nike logo of Michael ..
Organized labor case goes in..
Supreme Court declines to ta..
Catalan politicians in Spani..
Courts: Bail reform working,..
Maldives court delays reinst..
Afghans submitted 1.17 milli..
Inmate in landmark Supreme C..
Beleaguered gunmaker Remingt..
GOP to take new congressiona..
Court: Ex-West Virginia judg..

   Lawyer & Law Firm Links
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
Philadelphia Employment Lawyer
Philadelphia Employment Law Firm
Connecticut Special Education Lawyer
Oregon Bankruptcy Attorney
Bankruptcy Lawyer Oregon
Amherst, Ohio Divorce Lawyer
Sylkatis Law - Child Custody
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
Santa Ana Workers' Compensation Lawyers
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
Chicago Business Law Attorney
Corporate Litigation Attorneys
Oregon Family Law Attorney
Divorce Lawyer Eugene. Family Law
© Law Firm Network. All rights reserved.

Disclaimer: The content contained on the web site has been prepared by Legal News Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Law Firm Website Design Attorney Web Design That Works