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Expert: Supreme Court Immigration Cases 'More Important Than Ever'

December 14, 2018 (1 min read)

Nicole Narea, Law360, Dec. 13, 2018 - "In Jennings v. Rodriguez , the high court ruled in February that certain immigrants held in mandatory detention during deportation proceedings aren't entitled to bond hearings after six months in custody.

Stephen Yale-Loehr, an immigration law professor at Cornell Law School, said the case pits two contrasting high court decisions against each other.

In 2001, in Zadvydas v. Davis , the court interpreted an immigration statute to require periodic bond hearings for immigrants detained after a removal order because to permit indefinite detention of a noncitizen could cause a serious constitutional problem. Just two years later, however, in Demore v. Kim , the court upheld a provision requiring detention of immigrants awaiting their deportation hearing.

"If Jennings goes back to the Supreme Court, the court will have to determine which decision controls," Yale-Loehr said. "The issue is now more important than ever, with the growing number of immigrants in detention and the long backlogs in immigration courts." "