No Right to Periodic Bond Hearings for Detained Immigrants: No Due Process of Law?

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Friday, March 30, 2018
Rebecca Krishnan-Ayer

On February 27, 2018, the U.S. Supreme Court handed down its decision in Jennings et al. v. Rodriguez, a class-action suit brought on behalf of immigrants who had been detained indefinitely in the United States pending deportation proceedings. The Supreme Court held that certain statutory provisions of the federal immigration laws (namely, 8 U.S.C. Sections 1225(b), 1226(a) and 1226(c)) do not grant aliens the right to periodic bond hearings during the course of their detention.  In a 5-3 opinion written by Justice Samuel Alito, the Supreme Court reversed the U.S. Court of Appeals for the Ninth Circuit’s (“Ninth Circuit”) decision that both legal and illegal immigrants must be given a new bond hearing every six months while being detained.