Immigration law / Immigration Detention
- Case Law 3
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YOLANY PADILLA, et al., Plaintiffs, v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants. - ORDER ON MOTIONS RE:
PRELIMINARY INJUNCTION
PART B: The Court MODIFIES the injunction to find that the statutory prohibition at Immigration and Nationality Act § 235(b)(1)(B)(ii) against releasing on bond persons found to have a credible fear of persecution if returned to their country and awaiting a determination of their asylum application violates the U.S. Constitution; the Bond Hearing Class is constitutionally entitled to a bond hearing (under the conditions enumerated above) pending resolution of their asylum applications. 2 July 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America |
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YOLANY PADILLA, et al., Plaintiffs, v. US IMMIGRATION AND CUSTOMS ENFORCEMENT, et al.,
Defendants. ORDER GRANTING
PRELIMINARY INJUNCTION
With regard to the Bond Hearing Class, Defendant Executive Office for Immigration Review must, within 30 days of this Order: 1. Conduct bond hearings within seven days of a bond hearing request by a class member, and release any class member whose detention time exceeds that limit; 2. Place the burden of proof on Defendant Department of Homeland Security in those bond hearings to demonstrate why the class member should not be released on bond, parole, or other conditions; 3. Record the bond hearing and produce the recording or verbatim transcript of the hearing upon appeal; and 4. Produce a written decision with particularized determinations of individualized findings at the conclusion of the bond hearing 5 April 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America |
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Sameh Sami S. Khouzam v. Thomas H. Hogan, et al.
Petition for a Writ of Habeas Corpus and to vacate the decision of the Secretary of Homeland Security to terminate the court-ordered deferral of removal of the Petitioner. Motion for Release from Custody. The decision was subsequently appealed before the United States Court of Appeals for the Third Circuit: Nos. 07-2926 & 08-1094. 10 January 2007 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Diplomatic assurances - Exclusion clauses - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Rule of law / Due process / Procedural fairness - Serious non-political crime | Countries: Egypt - United States of America |
