United States of America

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 | Document type: Case Law | 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 | Document type: Case Law | 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 | Document type: Case Law | 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 | Document type: Case Law | Topic(s): Immigration Detention | Countries: United States of America

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

31 October 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

6 July 2016 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Children-at-risk - Immigration Detention - Unaccompanied / Separated children | Countries: United States of America

23 February 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

28 October 2015 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Habeas corpus - Immigrants - Immigration Detention - Pre-trial detention - Prison or detention conditions | Countries: United States of America

23 February 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Extradition - Habeas corpus - Immigration Detention - International humanitarian law (IHL) / Geneva Conventions | Countries: Pakistan