Is your case stuck in administrative process? We can help you by completing this form.

District Judge Rules that ICE Cannot Detain Immigrants for More than 6 Months without A Hearing

Spread the love

The U.S. District Court in Massachusetts recently ordered the Department of Homeland Security to provide Mark Anthony Reid with an immigration bond hearing.  Reid, a long time lawful permanent resident and U.S. Army veteran, has been sitting in immigration jail for over a year without a bond hearing.

Lawyers from the ACLU and pro bono attorneys at Yale Law School filed suit in federal court.  The legal team argued that the Ninth Circuit's decision in Rodriguez v. Robbins, which held that due process requires bond hearings for immigrant detainees after six months in jail, should be extended beyond the Ninth Circuit.

Reid, who does have an "extensive" criminal history, was taken into custody by ICE on November 13, 2012 after obtaining parole on several drug charges.  Because he had committed crimes outlined in 8 U.S.C. 1226, he was deemed to be not entitled to an individualized bond hearing.  On February 13, 2013, an immigration judge ordered Reid deported and he appealed to the Board of Immigration Appeals.  He filed a motion with the immigration judge to redetermine his eligibility for bond.  The judge concluded that he lacked jurisdiction to revisit bond.

The appeal was successful and the case was sent back to the immigration judge.  The judge again decided that Reid should be deported.  Reid appealed.  His attorneys also filed a petition for habeas corpus on July 1, 2013 to challenge his prolonged immigration detention.

The district court concluded that 8 U.S.C. 1226(c) included a reasonableness limit and that a post-removal order detention of more than 6 months was presumptively invalid.  The court pointed out that the burden on the government to hold a bond is minimal.  Compared to the 14 months that Reid spent in immigration detention, due process required a hearing.

You May Also Like

A Complete Guide To The U.S. Naturalization Test And Interview Spread the love Becoming a U.S. citizen is an exciting and life-changing journey. One of the key steps in this process is taking the naturalization test. This test, administered... VIEW POST
Can You Apply for Naturalization with an Expired Green Card? Spread the love A green card, known as a Permanent Resident Card, serves as evidence of your legal permanent resident status in the US. It allows you to work... VIEW POST
April 2024 USCIS Fees Increase: What You Need To Know Spread the love The United States Citizenship and Immigration Services (USCIS) has announced a significant increase in fees for various immigration applications and services. This move has sparked concerns... VIEW POST

Download Free Guide 
2024 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.
DOWNLOAD FREE PDF

Immigration 
Answers Show
Live every week.

JOIN US