Monday, June 13, 2022

Breaking News: Supreme Court Decides Two Immigrant Detention Cases

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Official Supreme Court Photograph
 
Today, the Supreme Court decided two immigrant detention cases, Johnson v. Arteaga-Martinez and Garland v. Gonzalez.
 
In Johnson, the Court held that the immigration statute did not require a bond hearing for an immigrant held in detention and remanded the case for the lower court to decide the statute's constitutionality. Justice Sotomayor wrote for the Court and was joined by all of the Justices except Justice Breyer, who filed an opinion concurring in part and dissenting in part.
 
In Garland v. Gonzalez, the Court held that Section 1252(f )(1) of the INA deprived the district courts of jurisdiction to hear the noncitizens' request for classwide injunctive relief.  Justice Alito wrote for the Court.  Justice Sotomayor, joined by Justices Breyer and Kagan, concurred in the judgment and dissented in part.
 
Check for updates on analysis of the decisions.
 
UPDATE June 15):   Shalini Bhargava Ray analyzes the two decisions here for SCOTUSBlog.  Her conclusion:
 
"The implications of these decisions are serious. Under Arteaga-Martinez, noncitizens challenging indefinite detention under Section 1231 must resort to constitutional litigation (or advocacy to pressure DHS to voluntarily change its practices). But under Gonzalez, very few noncitizens will be able to bring such challenges or win relief against unconstitutional detention because they must retain counsel individually or engage in complex federal litigation pro se. Detained immigrants face many hurdles in finding and consulting with counsel as it is. With the additional burden, Gonzalez denies them, in Sotomayor’s words, `a meaningful opportunity to protect their rights.'”
KJ
 

https://lawprofessors.typepad.com/immigration/2022/06/breaking-news-supreme-court-decides-immigrant-detention-case.html

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