BREAKING NEWS - June 20, 2016: The US Supreme Court decided today to hear a case which could have a major impact on the rights of detained immigrants. The Supreme Court will review the 9th Circuit’s holding in Jennings v. Rodriguez, which declared that immigrants are entitled to certain automatic bond hearings, following six months of detention. The right to such a bond hearing enables detained immigrants with the possibility of reuniting with their families, and guards against the indefinite detention of immigrants by Immigration and Customs Enforcement (“ICE”) officials until the time of deportation.
The 9th Circuit’s decision in Jennings v. Rodriguez gave further hope of achieving family unity to immigrants detained by ICE. The decision mandated special bond hearings, known as a Rodriguez bond, for immigrants detained longer than six months. In a standard bond hearing, the immigrant has to prove he/she is not a danger to society or will not flee from his/her responsibilities with the court for a bond to be approved. In a Rodriguez bond, however, the government has the burden of proving that the Immigrant remains a flight risk and a danger to society. Bonds will be denied only if the government is able to prove such a risk.
By issuing its decision, the 9th Circuit provided a much-needed form of relief for detainees of ICE, previously unavailable. However, following the decision, such Rodriguez bonds would only be applicable to residents within the 9th Circuit, namely, residents of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. By taking this case, the Supreme Court, potentially, could make such relief available to detainees across the nation.
The outcome of the US Supreme Court’s decision on this case is monumental. Should the Supreme Court affirm the 9th Circuit's decision, the doors will open for hundreds of immigrants across the nation getting an opportunity to return to their families after detention. However, should the Supreme Court deny the 9th Circuit's decision, it will aid the government’s ability to hold immigrants for an indefinite amount of time until they are ultimately deported. Such a result would be a devastating blow to immigrants and their families with hopes of reunification.
If you know someone who is currently detained by ICE, call our office to see how we can help your loved one be reunited. Having a skilled attorney represent you in any Rodriguez Hearing is essential to maximizing the chances of release.
Reyes & Schroeder Associates is a law firm dedicated to keeping families together and preserving your rights. The above information has been prepared for general information purposes only, and has been provided to learn more about our firm, our services and the experience of our attorneys. In no event does the information contained above amount to legal advice and is not to be acted on as such. For legal advice specific to your situation, including immigration, criminal and/or family law matters, please contact Leslie Reyes at email@example.com, or at the firm’s office phone (818)-253-1641.