Immigration Law

Mandatory Detention Habeas Victory in Utah: The Chairez-Castrejon Saga Takes a New Turn

Chairez-Castrejon v. Bible,  May 19, 2016 - "Although Mr. Chairez advocates for the use of the Second and Ninth Circuits’ bright-line rule, he argues that under either approach, he is entitled to a bond hearing because his detention has been unreasonably prolonged. Given the absence of controlling precedent, the court addresses the length of Mr. Chairez’s detention under both the bright-line rule and the fact-dependent inquiry. The court finds that, under either approach, Mr. Chairez’s detention has become unreasonable under § 1226(c). ... The court hereby ORDERS as follows: 1. Mr. Chairez shall receive a bond hearing within thirty days of this order before an immigration judge in order to determine whether it is necessary to continue to detain Mr. Chairez; and 2. Counsel for Respondents shall report to this court within ten days following the bond hearing regarding compliance with this order. Respondents’ report must include notification regarding the outcome of the bond hearing."

There are three published BIA cases regarding Mr. Chairez, here, here and here.

Marjorie Cortez wrote this excellent piece for the Deseret News.

Hats way off to Skyler Anderson!