6th Circ. Refuses Release In El Salvadoran's Reentry Case

Law360 (July 28, 2020, 3:42 PM EDT) -- The Sixth Circuit in a precedential decision dismissed an El Salvadoran citizen's petition for writ of habeas corpus and ruled that deported noncitizens who reenter the U.S. to seek protection must be detained while their case is pending.

The Sixth Circuit on Monday found that Walter Melara Martinez, an El Salvadoran man who has been in detention for more than two years while an immigration court reviews his protection claim, couldn't obtain a hearing to determine if he was eligible for release.

The three-judge panel held that the government already decided to remove Melara Martinez when it deported him in 2008,...

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