The Ninth Circuit holds that detainees locked up for six months or longer are entitled to bond hearings
April 29, 2013 – 2:57 pm
The U.S. Court of Appeals for the Ninth Circuit has issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government’s practice of putting immigration detainees behind bars for months or even years, without ever holding a bond hearing to determine if they should be locked up in the first place.
In Rodriguez v. Robbins, the Court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.
The Ninth Circuit specifically rejected the government’s claims that we need mass immigration lock-up to keep our streets safe. As the Court held: “Contrary to the government’s rhetoric, this injunction will not flood our streets with fearsome criminals seeking to escape the force of American immigration law,” but “provides individuals . . . a hearing where a neutral decision-maker can determine whether they might deserve conditional release from the prison-like setting where they might otherwise languish for months or years on end.”
Does this decision help your immigration case? Contact Scales of Justice, LLP today to discuss your immigration case.