D. Mass. on Detention, Reasonableness, Six-Month Rule: Reid v. Donelan

D. Mass. on Detention, Reasonableness, Six-Month Rule: Reid v. Donelan

"To comply with the constitution’s due process requirement, § 1226(c) must be read to include a “reasonableness” limit on the length of time an individual can be detained without an individualized bond hearing. ... Under the six-month approach, the analysis in this case is simple: Plaintiff has been held in custody for fourteen months, and thus his continued detention without a bond hearing is presumptively unreasonable. ... Even if the individualized approach were more appropriate, Plaintiff’s prolonged detention without a bond hearing is unreasonable. ... Petitioner will receive a bond hearing by February 7, 2014, before an Immigration Judge, at which the judge will consider whether conditions may be placed upon Petitioner’s release that will reasonably ensure that he will pose no danger to the community and will not pose a risk of flight. If such conditions are found to exist, Petitioner will be released from custody." - Reid v. Donelan, Jan. 9, 2014.

[Hats off to Muneer I. Ahmad, Lauren Carasik, A. Nicole Hallett, Miriam Hinman, Kendall Hoechst, Lunar Mai, Elizabeth Song, Ruth Swift, Michael J. Wishnie and Mary Yanik!]