Supreme Court Ruling May Affect Removal Orders and Bond Hearings

 Posted on July 13, 2022 in Immigration

Those who have been detained by U.S. immigration officials will often be unsure about their options for avoiding deportation. People in this situation face many difficulties, especially if they have entered the United States seeking safety and fear that they and their families will be placed at risk of harm if they are forced to return to their home countries. While immigrants may have options for defending against deportation, some recent rulings by the U.S. Supreme Court may make it more difficult for them to properly address these issues and be released from detention.

Immigration Bonds and the Post-Removal-Order Statute

In two recent cases, the Supreme Court looked at whether immigration officials can hold people indefinitely and whether those who are being detained have the right to request bond hearings. One of the laws addressed in these cases, Section 1231 of the U.S. Immigration Code, is known as the “post-removal-order statute.” Under this law, once a deportation/removal order is issued, a person must be held in detention for at least 90 days. However, if the person is not removed from the United States after 90 days, they may be released and placed under supervision.

In the case of Johnson v. Arteaga-Martinez, immigration officials had continued to detain an immigrant past the 90-day removal period, but the process of removal had been halted because the immigrant feared that he would face persecution or torture if he was returned to his country of origin. Based on a previous case, the immigrant argued that after he had been detained for six months, he had the right to a bond hearing to determine whether he could be released and placed under supervision while he was pursuing a request for withholding of removal.

Unfortunately, the Supreme Court ruled against the immigrant in this case and found that there is no requirement to provide a detainee with a bond hearing after six months of detainment. In the other case, Garland v. Gonzalez, the Supreme Court ruled that multiple detainees cannot pursue a class action challenging their detention. These rulings have further limited the options for immigrants who are seeking humanitarian relief. However, the immigrants involved in these cases may still be able to pursue constitutional challenges to the laws and policies that have affected them. Depending on how these cases proceed, immigrants who are facing detention or deportation may be able to receive protections in the future.

Contact Our Irving Immigration Detention Lawyers

At John W. Lawit, LLC, we provide representation for immigrants who have been detained by ICE or other immigration officials. We can help them determine their options for defending against deportation, requesting bond hearings, or seeking humanitarian relief. We have provided legal help to people from around the world, ensuring that they can receive the proper protections and guiding them through the complex procedures followed in these cases. To learn more about how we can help you or your family members address immigration issues, contact our Arlington immigration bond hearing attorneys at 214-609-2242.

Sources:

https://www.scotusblog.com/2022/06/the-demise-of-rights-protective-statutory-interpretation-for-detained-immigrants-and-the-rise-of-piecemeal-textualism/

https://casetext.com/statute/united-states-code/title-8-aliens-and-nationality/chapter-12-immigration-and-nationality/subchapter-ii-immigration/part-iv-inspection-apprehension-examination-exclusion-and-removal/section-1231-detention-and-removal-of-aliens-ordered-removed