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 |
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 |
Al-Qurashi v. Obama
3 August 2010 | Judicial Body: United States District Courts | Document type: Case Law | 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 |
Abdulrahim Abdul Razak Al Ginco v. Obama
Petition for writ of habeas corpus. 22 June 2009 | Judicial Body: United States District Courts | Document type: Case Law | 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 |
Gherebi v. Obama et al.
22 April 2009 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): International humanitarian law (IHL) / Geneva Conventions - Right to liberty and security - Terrorism | Countries: United States of America |
Fadi Al Maqaleh et al. v. Gates et al.; Haji Wazir Redha et al. v. Gates et al.; Amin Al Bakri et al. v. Gates et al.; Al Najar et al. v. Gates et al.
Petitions for habeas corpus. 2 April 2009 | Judicial Body: United States District Courts | Document type: Case Law | 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 |
Omar Khadr v. Bush
Motion to grant a writ of habeas corpus. 24 November 2008 | Judicial Body: United States District Courts | Document type: Case Law | 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 |
Boumediene, et al. v. Bush
Petition for writ of habeas corpus. 20 November 2008 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Combatants / Former combatants - Habeas corpus - Military law | Countries: United States of America |
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 |
Venantius Nkafor Ngwanyia, et al., v. John Ashcroft, Attorney General, et al.
12 February 2004 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Visas | Countries: United States of America |