Monday, January 10, 2022

Supreme Court Oral Argument: Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings

two immigration cases, Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez.  Professor Ray writes that
"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. 11):  Here and here are the transcripts to the oral arguments.
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.   

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