Author Topic: Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contestin  (Read 397 times)

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rangerrebew

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Gabriel Chin Guest

Posted Wed, January 6th, 2021 9:19 am
 
Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contesting deportation

Pham v. Guzman Chavez, which will be argued on Jan. 11, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants at issue are a subgroup of a subgroup: those who have previously been ordered removed, and are statutorily subject to swift deportation based on reinstatement of the prior order, but who have a so-called “withholding” claim, which, if granted, prohibits their removal to a particular country under the Convention Against Torture or related U.S. statutes and regulations. Noncitizens with reinstated removal orders are normally summarily removed with virtually no formal process, and are prohibited from raising almost all defenses or claims for discretionary relief. The major exception is that withholding claims halt removal as the petition is administratively and judicially evaluated. (Some courts hold that claims of U.S. citizenship may also be raised).

The Immigration and Nationality Act allows migrants pursuing so-called “withholding only” relief to be released on bond at some point; the court must decide which release statute applies. The United States insists that the restrictive 8 U.S.C. § 1231 governs. That section applies to some noncitizens already ordered removed, and it mandates 90 days’ detention to carry out the deportation. After 90 days, if for some reason deportation has not occurred, release is granted or denied based on an internal Immigration and Customs Enforcement process with no live hearing. If release is granted, various forms of supervision are required. In addition, in Zadvydas v. Davis, the Supreme Court recognized constitutional limits on detention under Section 1231 once it appears that there is no significant likelihood that a noncitizen would actually be removed.

https://www.scotusblog.com/2021/01/case-preview-justices-will-confront-statutory-puzzle-on-bond-eligibility-for-noncitizens-contesting-deportation/
« Last Edit: January 06, 2021, 03:45:24 pm by rangerrebew »