The Supreme Court has decided to rehear a case on whether immigrants held in custody by the US government have the right to a bond hearing to legally challenge indefinite detention. The case was previously argued in November last year – nine months before the vacant seat of Justice Antonin Scalia, who died earlier in 2016, was filled by Justice Neil Gorsuch.
The case has several potential implications and consequences for legal, permanent, residents who have committed crimes resulting in the government moving to deport them from the US, as well as for asylum seekers awaiting immigration court hearings after giving themselves up at the US border. Immigrant advocates believe that most of the immigrants should at least be released on bail until their cases are heard.
In 2004, deportation proceedings were started against Alejandro Rodriguez by US Customs and Immigration Enforcement’s California office under the aegis of field office director, David Jennings. Rodriguez, aged 24, a legal, permanent resident, pleaded guilty to the misdemeanor of possession. He was held for three years without the right to ask for a bond before a judge until his case was taken up by the American Civil Liberties Union. Their class action lawsuit resulted in the deportation order being canceled, and Rodriguez’s release from custody.
The 9th Circuit Court of Appeals ruled against indefinite detention, a stance agreed with by the appellate court, resulting in an appeal to the high court by the Obama administration.