Class Action Lawsuit Challenges Mandatory Detention: Gayle v. Napolitano

"This is a class action complaint for declaratory and injunctive relief or, in the alternative, a class action habeas, brought on behalf of individuals unlawfully subject to mandatory immigration detention in New Jersey under 8 U.S.C. § 1226(c).  Plaintiffs bring suit  to challenge the standard  and procedures for determining whether an individual in removal proceedings is subject to mandatory detention — that is, detention without possibility of a bond hearing or any other determination of whether detention is justified based on danger or flight risk.  Plaintiffs do not seek their release from custody, but rather an order prohibiting the government from mandatorily detaining them without the opportunity for a fair hearing at which an Immigration Judge ascertains whether they have a substantial challenge to removal and are therefore eligible for an individualized bond hearing." - Gayle v. Napolitano, Nov. 15, 2012.