Feds Ask 2nd Circ. To Reverse ICE Detention Burden Ruling

Law360, New York (May 13, 2020, 9:15 PM EDT) -- A New York federal prosecutor on Wednesday urged the Second Circuit to overturn a lower court's finding that the government bears the burden of justifying detention of certain immigrants during removal proceedings, defending a policy of placing the burden on detainees to show why they should be released.

The government is seeking to undo U.S. District Judge Andrew Carter's 2019 ruling, in which he held that it was unconstitutional to place the burden on a detainee — as opposed to the government — at a bond hearing to show they are not a risk of flight or a danger to the...

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