Wednesday, November 23, 2016

Supreme Court Oral Argument Preview (November 30, Jennings v. Rodriguez): The constitutionality of immigrant detention


Here is my oral argument preview on SCOTUSBlog about Jennings v. Rodriguez, the major immigrant detention case that will be argued on November 30.  The conclusion reads as follows:

"Indefinite detention of a person absent a bond hearing generally is not constitutionally permissible. By holding that the immigration statute permitted a bond hearing at reasonable intervals and possible release from custody, the 9th Circuit sidestepped the serious constitutional concerns presented by the statute. Ultimately, the questions before the Supreme Court are whether the 9th Circuit reasonably construed the statute to avoid the constitutional issues and, if not, whether ordinary constitutional rules apply to immigrants in detention. In addressing those questions, Wednesday’s oral argument will require the court to grapple with its seemingly inconsistent immigrant-detention decisions in Zadvydas v. Davis and Demore v. Kim."


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