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Pp. 12–31.After a 2004 conviction, respondent Alejandro Rodriguez, a Mexican citizen and a lawful permanent resident of the United States, was detained pursuant to §1226 while the Government sought to remove him. The court then construed §1226(a) to mean that an alien must be given a bond hearing every six months and that detention beyond the initial 6-month period is permitted only if the Government proves by clear and convincing evidence that further detention is justified.Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. A person charged with a crime cannot be confined at all without a finding of probable cause that he or she committed the crime. In Parts III–A and III–B, we hold that, subject only to express exceptions, §§1225(b) and 1226(c) authorize detention until the end of applicable proceedings.
Jennings v. Rodriguez. The Ninth Circuit misapplied the canon of constitutional avoidance in holding otherwise. In 2007, Rodriguez filed a habeas petition in federal district court, alleging that he was entitled to a bond hearing to determine whether his continued detention was justified. Oct 3, 2017 Tr. The Case. On remand, the Ninth Circuit should consider the merits of Rodriguez’s constitutional arguments in the first instance.certiorari to the united states court of appeals for the ninth circuitIn a reprise of their interpretation of §1225(b), respondents argue, and the Court of Appeals held, that §1226(c) should be interpreted to include an implicit 6-month time limit on the length of mandatory detention. )“(1) may continue to detain the arrested alien; and“Subparagraph (A) shall not apply to an alien—“On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.
On February 27, 2017, the Supreme Court of the United States issued a decision in Jennings v. Rodriguez, 583 U.S. __ (2018) [PDF version], a highly consequential decision in the context of mandatory detention under the Immigration and Nationality Act (INA). In Jennings v. Rodriguez, the Supreme Court held that certain federal laws permit indefinite civil detention without a bond hearing while noncitizens fight to stay in the United States. To put it lightly, that makes little sense.804 F. 3d 1060, reversed and remanded.“(b) Inspection of applicants for admission“(i) Conduct by asylum officers“(c) Detention of criminal aliensThe dissent’s utterly implausible interpretation of the statutory language cannot support the decision of the court below.The Government is also authorized to detain certain aliens already in the country. Below Argument Opinion Vote Author Term; 15-1204: 9th Cir. Nor does §1226(a)’s text even hint that the length of detention prior to a bond hearing must specifically be considered in determining whether the alien should be released.“when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country. . In 2007, Rodriguez filed a petition arguing he should not be left in jail for that long. None of these provisions mentions that the noncitizens can only be held for "reasonable" periods of time. Only the last one even mentions bond, or suggests that the detainees might get a bond hearing.That's the constitutional question, but the appeals court in this case did not decide the issue based on the Constitution.Sign up to get legal news in infographics.View all SupremeCourt decisions of this term.The Constitution, however, includes a general principle protecting individuals' liberty.
There is thus no reason to depart from the plain meaning of §1226(c) in order to avoid making the provision superfluous.Justice Kagan took no part in the decision of this case.“In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 1229a of this title.” (Emphasis added.
If respondents’ interpretation of §1225(b) were correct, then the Government could detain an alien without a warrant at the border, but once removal proceedings began, the Attorney General would have to issue an arrest warrant in order to continue detaining the alien.
So read, the words “only if” neither favor nor disfavor a reading of the statute consistent with the right to a bail proceeding. “Read most naturally,” sections 1225(b)(1) and (b)(2) mandate detention of applicants for admission until immigration officers have finished considering the asylum application or until removal proceedings have concluded, without imposing a time limit or reference to bond hearings. Jennings v. Rodriguez was a case argued during the October 2017 term of the U.S. Supreme Court.Argument in the case was first held during the court's October 2016 term on November 30, 2016.