Case Law

Appellants’ emergency motion for a stay of the district court’s April 5, 2019 and July 2, 2019 orders pending appeal (Dkt. Entry No. 10) is granted in part and denied in part.

22 July 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Immigration Detention | Countries: United States of America

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 | Topic(s): Immigration Detention | Countries: United States of America

(1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude, unless he is granted parole.

16 April 2019 | Judicial Body: United States Attorney-General | Topic(s): Immigration Detention | Countries: United States of America

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 | Topic(s): Immigration Detention | Countries: United States of America

27 February 2018 | Judicial Body: United States Supreme Court | Topic(s): Asylum-seekers - Immigration Detention | Countries: United States of America

7 December 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

7 November 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Right to liberty and security | Countries: Russian Federation - Uzbekistan

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia