Supreme Court on Immigrant Detention, Bond: Johnson v. Arteaga-Martinez; Garland v. Aleman Gonzalez

Johnson v. Arteaga-Martinez - "Section 241(a) of the Immigration and Nationality Act (INA), codified at 8 U. S. C. §1231(a), authorizes the detention of noncitizens who have been ordered removed from the United States. See 110 Stat. 3009–598. In particular, §1231(a)(6) provides that after a 90-day “removal period,” a noncitizen “may be detained” or may be released under terms of supervision. This Court recently held that §1231(a) applies to individuals who are removed and who then reenter without authorization and apply for withholding of removal based on a fear that they will be persecuted or tortured if returned to their countries of origin. See Johnson v. Guzman Chavez, 594 U. S. ___, ___ (2021) (slip op., at 1). The issue in this case is whether the text of §1231(a)(6) requires the Government to offer detained noncitizens bond hearings after six months of detention in which the Government bears the burden of proving by clear and convincing evidence that a noncitizen poses a flight risk or a danger to the community. It does not. ... The judgment of the Court of Appeals for the Third Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion." - SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, KAGAN, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion, in which GORSUCH, J., joined as to Part I. BREYER, J., filed an opinion concurring in part and dissenting in part.

Garland v. Aleman Gonzalez - "Respondents in these two cases are aliens who were detained by the Federal Government pursuant to 8 U. S. C. §1231(a)(6) pending removal from this country. Respondents sued in two Federal District Courts, alleging that §1231(a)(6) requires the Government to provide bond hearings in cases like theirs. Both District Courts certified classes, agreed with respondents’ claims on the merits, and entered class-wide injunctive relief. The Ninth Circuit affirmed both judgments in relevant part. We granted certiorari and instructed the parties to address whether another provision of the Immigration and Nationality Act, 66 Stat. 208, as amended, 8 U. S. C. §1252(f )(1), deprived the District Courts of jurisdiction to entertain respondents’ requests for class-wide injunctive relief. We hold that the statute has that effect, and we therefore reverse." - 955 F. 3d 762 and 954 F. 3d 1245, reversed and remanded. ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. SOTOMAYOR, J., filed an opinion concurring in the judgment in part and dissenting in part, in which KAGAN, J., joined, and in which BREYER, J., joined as to Parts II–A–2, II–B–2, and III.