Supreme Court to Hear Arguments in Immigrant Detention Cases in New Year

The Supreme Court has set a pair of immigrant detention cases for oral argument in January.  The cases are:

Johnson v. Arteaga-Martinez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the non-citizen is a flight risk or a danger to the community.

Garland v. Gonzalez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the non-citizen is a flight risk or a danger to the community; and (2) whether, under 8 U.S.C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief.

KJ