Analysis

Immigrant Bond Hearings War Shifts To Constitutional Args

Law360 (February 27, 2018, 9:19 PM EST) -- The U.S. Supreme Court's ruling that certain immigrants do not have a statutory right to periodic bond hearings is a blow for immigrants rights advocates, but their battle is not over as they set out to challenge long-term detention on constitutional grounds instead.

Overturning a Ninth Circuit ruling, the justices found Tuesday that the appeals court relied on an incorrect interpretation of detention provisions in the Immigration and Nationality Act while failing to address the constitutional arguments at stake in the case. On remand, they ordered the appeals court to instead tackle the constitutional arguments head on and determine whether denying detainees...

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