Monday, January 10, 2022
Supreme Court Oral Argument: Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings
"In both cases, noncitizens who are under deportation orders are challenging their prolonged detention – sometimes many months or even years — without the safeguard of a bond hearing before an immigration judge. At such a hearing, an immigration judge determines whether a noncitizen is entitled to release from custody in exchange for payment of a bond, and if so, how much. Being granted bond does not necessarily mean the noncitizen can avoid deportation; it simply allows the person to be released under federal supervision pending resolution of his or her underlying immigration case. Gonzalez raises the additional question of whether, in a class action brought by noncitizens in detention, a district court has the authority to issue classwide injunctive relief."
Update (Jan. 14): Professor Ray recaps the oral argument for SCOTUSBlog here. I listened to the arguments. I found it hard to say how the cases might precisely come out (although I am not optimistic). tt appeared that the Justices, once again, were grappling with the complicated statutory language (including jurisdictional bars) as well as the constitutional limits on the detention of immigrants.