LexisNexis® Legal Newsroom
DHS Statement on Jailing Refugee Moms, Kids

"ICE Director Saldaña and I understand the sensitive and unique nature of detaining families, and we are committed to continually evaluating it. We have concluded that we must make substantial changes to our detention practices when it comes to families. Last summer we faced an unprecedented...

NYU Law Immigrant Rights Clinic Practice Advisory: Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention

Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention, Nov. 18, 2015 "This practice advisory discusses the Second Circuit’s decision in Lora v. Shanahan, No. 14-2343 , -- F.3d -- , [ 2015 U.S. App. LEXIS 18803] (2d Cir. Oct. 28, 2015...

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today . The suit, filed by the ACLU Foundation of Southern...

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of criminal aliens and (5) Supreme Court decisions...

BIA on Bond, Evidence of Dangerousness: Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016)

Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016) - In determining whether an alien presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an Immigration Judge should consider both direct and circumstantial evidence of dangerousness, including...

N.C. Teen to be Released on Bond from Immigration Detention

WRAL, Aug. 10, 2016 - "A Durham teen who has been in U.S. immigration custody for more than six months could soon be home after supporters raised money to post his bond. Wildin David Guillen Acosta, 19, was picked up by Immigration and Customs Enforcement agents while on his way to Riverside High...

New Findings for Individuals Released on Bond in Immigration Court - TRAC (Sept. 14, 2016)

TRAC, Sept. 14, 2016 - " Court records show that at least half - and in some years upwards of two-thirds - of those who have been proposed by the Department of Homeland Security (DHS) for deportation in the Immigration Courts are held in ICE detention facilities. The records further show that...

Feds drop appeal involving bond for man jailed more than 3 years on immigration hold

Marjorie Cortez, Deseret News, Sept. 21, 2016 - "U.S. Department of Justice attorneys have dropped the appeal of a Utah federal judge's decision to grant an individualized bond hearing to a Salt Lake man who had been detained in the Utah County Jail for more than three years on an immigration...

Habeas Petition Filed for Jailed Asylum Applicant - Acosta Sarmiento v. Ramos

NOWCRJ, Oct. 11, 2016 - "On Tuesday, October 11, 2016, the New Orleans Workers’ Center for Racial Justice (NOWCRJ) filed a groundbreaking habeas corpus lawsuit (PDF) against Immigration and Customs Enforcement (ICE) to free Daniel Acosta Sarmiento, a petitioner who is seeking to remain in...

Federal Judge Orders U.S. to Reform Immigration Bond Practice - Hernandez v. Lynch

ACLU, Nov. 11, 2016 - "A federal judge has issued a preliminary injunction ordering U.S. officials to implement substantial reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. The ruling, issued late Thursday by Judge Jesus...

Bond Hearings Ordered for Detained Refugee Kids: Flores v. Lynch

CHR, Jan. 20, 2017 - "The Center for Human Rights, U.C. Davis Law School Legal Clinic, and the Youth Law Center today won a class-wide order compelling the Office of Refugee Resettlement of the U.S. Department of Health and Human Services (ORR) to allow children whom it refuses to release bond redetermination...

Legomsky and Yale-Loehr File Amicus Brief in Jennings v. Rodriguez

Cornell law Prof. Stephen W. Yale-Loehr writes: "Steve Legomsky and I signed the attached amicus brief in Jennings v. Rodriguez , the immigration detention bond case now pending before the Supreme Court. An excellent team at Ropes & Gray did a great job drafting the brief for us. It was obvious...

ICE Bond Interest Rate Notice (Apr. 10, 2017)

Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 - "For the period beginning April 1, 2017, and ending on June 30, 2017, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.61 per centum per annum."

CA9 on Flores Settlement, Bond Hearings: Flores v. Sessions (July 5, 2017)

Flores v. Sessions - "On January 28, 1997, the district court approved a settlement between the plaintiff class and the federal government establishing a “nationwide policy for the detention, release, and treatment of minors in the custody of the INS.” Flores Settlement at ¶ 9....

CA9 Affirms Hernandez v. Sessions Class Action Injunction (Unreasonable Immigration Bonds)

Hernandez v. Sessions, Oct. 2, 2017 - "In the present case, the government appeals from the district court’s order entering a class-wide preliminary injunction in favor of Plaintiffs, a class of non-citizens in removal proceedings who are detained under 8 U.S.C. § 1226(a) in the Central...

Immigration Judges Defy Federal Court, Trapping Hundreds Behind Bars

Mark Greenblatt, Maren Machless, Scripps News, Nov. 20, 2017 - "A group of immigration judges is defying rulings by the nation's largest federal appellate court and has kept hundreds of people, possibly thousands, behind bars, sometimes for years, without any chance to make their case for freedom...

ICE Cannot Hold Criminal Defendant Who Made Bail, Judge Finds

Andrew Denney, New York Law Journal, Dec. 28, 2017 - "The government “simply cannot have it both ways” and keep an immigrant who faces criminal charges but who made bail in the custody of U.S. Immigration and Customs Enforcement, a federal judge said in a sharply worded ruling ordering...

Unpub. BIA Bond Remand Victory (Dec. 29, 2017)

Ben Winograd writes: "I'm very pleased to share this recent Board decision from a case I litigated with Mac Nayeri. The question at issue was whether respondents in the Ninth Circuit who are subject to prolonged detention while in withholding-only proceedings are eligible for a bond hearing...

Lawsuit Challenges Immigration Judges Who Refuse to Hold Bond Hearings: Palacios v. Sessions

AIC, Jan. 17, 2018 - "The government cannot lock people up without giving them access to prompt bond hearings and an opportunity to show that they should be released for the months or years that it takes to adjudicate their removal cases. This lawsuit challenges the actions of immigration judges...

BIA: No Bond for DUI Arrest - Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018)

Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018) (1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family...

Federal Court Orders Immigration Judges to Consider Asylum Seekers' Ability to Pay When Setting Bond: Abdi v. Nielsen

ACLU, Feb. 12, 2018 - "A federal judge on Friday evening ordered immigration judges to consider alternatives to money bond as well as a person’s ability to pay when setting release conditions for asylum-seekers detained at the Batavia Federal Detention Facility awaiting asylum hearings. The...

BREAKING: Supreme Court Reverses CA9 on Periodic Bond Hearings for Detained Aliens - Jennings v. Rodriguez

Jennings v. Rodriguez - "In this case we are asked to interpret three provisions of U. S. immigration law that authorize the Government to detain aliens in the course of immigration proceedings. All parties appear to agree that the text of these provisions, when read most naturally, does not give...

Expert: Supreme Court Remand Could Exacerbate Immigration Court Delays, Backlogs

David G. Savage, Los Angeles Times, Feb. 27, 2018 - "The case of Jennings vs. Rodriguez began in lower courts a decade ago, before Barack Obama was elected president. It was first argued at the high court in November 2016, a few weeks after Donald Trump won election. Trump's campaign pledge...

Bond Victory in San Francisco: Liborio Ramos v. Sessions

Pangea Legal, Mar. 15, 2018 - "On Wednesday, March 14, 2018, Pangea client, Floricel Liborio Ramos, was freed from immigration detention after substantial litigation , multiple appeals, and requests for her release. Today, on her first day free after 11 months, Floricel came out to speak in gratitude...

Bond-Related Issues for DACA Recipients - CLINIC Practice Advisory (Mar. 26, 2018)

CLINIC, Mar. 26, 2018 - "The aim of this practice advisory is to provide practitioners with a resource for representing former DACA recipients in INA § 236(a) immigration bond proceedings." Copyright 2018, The Catholic Legal Immigration Network, Inc. (CLINIC). This practice advisory...