Case Law

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

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

3 August 2010 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Terrorism | Countries: United States of America - Yemen

Petition for writ of habeas corpus.

22 June 2009 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Freedom from torture, inhuman and degrading treatment - Pre-trial detention - Right to liberty and security - Terrorism | Countries: Syrian Arab Republic - United States of America

22 April 2009 | Judicial Body: United States District Courts | Topic(s): International humanitarian law (IHL) / Geneva Conventions - Right to liberty and security - Terrorism | Countries: United States of America

Petitions for habeas corpus.

2 April 2009 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Habeas corpus - Jurisdiction - Prison or detention conditions - Right to liberty and security - Terrorism | Countries: United Arab Emirates - United States of America

Motion to grant a writ of habeas corpus.

24 November 2008 | Judicial Body: United States District Courts | Topic(s): Children's rights - Combatants / Former combatants - Habeas corpus - Juvenile justice system - Military courts - Pre-trial detention - Prison or detention conditions - War crimes | Countries: Canada - United States of America

Petition for writ of habeas corpus.

20 November 2008 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Habeas corpus - Military law | Countries: United States of America

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 | 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

12 February 2004 | Judicial Body: United States District Courts | Topic(s): Visas | Countries: United States of America