Supreme Court To Review Bond Hearing Right for Detained Immigrants

The U.S. Supreme Court will consider the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months in custody while challenging their deportation.

In Merrick B. Garland, Attorney General et al., vs. Esteban Aleman Gonzalez, et al., No. 20-322, the high court will review a Ninth U.S. Circuit Court of Appeals decision that required bond hearings for detained immigrants. These immigrants had either been arrested or had voluntarily surrendered and claimed credible fear if forced to return home.

However, the Supreme Court will review the lower court’s decision and determine if it in fact encourages immigrants to flee after release. The case began as a class-action suit by two immigrants from Mexico. They were held in detention even though U.S. asylum officers found them to have a credible fear of persecution or torture if deported.

The immigrants spent more than eight months in detention and were finally released when a federal magistrate ruled that they were entitled to bond hearings. 

The Ninth Circuit held that immigrants have a federal right to release on bond within six months of their detention when they plead credible fear.

Please check back for important updates on this case. You may contact our office for more information.

The Law Office of Miguel A. Serrano will represent you upon receipt of a Notice to Appear.  This notice is issued by the government when it seeks to initiate removal proceedings against someone. You have the right to an attorney to defend your rights to stay in the United States. Please contact us if you have received a Notice to Appear. We may be able to provide you with information regarding the possibility of bond hearings for temporary release. We offer a free initial consultation. Please contact us for more information.