U.S. Supreme Court Rules That Detained Aliens Do Not Have Constitutional Right to Periodic Bond Hearings

On Tuesday, February 27, the Supreme Court ruled in Jennings v. Rodriguez. In a 5-3 ruling, with Justice Elena Kegan recused and Justice Samuel Alito writing for the majority, the Court held that the Ninth Circuit erred in holding that 8 U.S.C. §§ 1225(b), 1226(a), and 1226(c) give detained aliens the right to periodic bond hearings. The plaintiff in the case, Alejandro Rodriguez, is a lawful permanent resident residing in the U.S. since he was an infant. DHS initiated removal proceedings based on prior convictions of possession of a controlled substance and “joy riding.” DHS detained Rodriguez for over three years while the removal proceedings were ongoing, and Rodriguez filed a habeas petition along with a class of immigrants arguing that the relevant statutes do not authorize “prolonged” detention in the absence of an individualized bond hearing. The district court issued a permanent injunction requiring individualized hearings before an…

Read more detail on Recent Administrative Law posts –

This entry was posted in Administrative law and tagged , , , , , , , , , , . Bookmark the permalink.

Leave a Reply