ICE Must Give NY Immigrants Hearing By 10 Days After Arrest

Law360 (November 30, 2020, 11:41 PM EST) -- A Manhattan federal judge on Monday ordered Immigration and Customs Enforcement's New York office to hold an initial hearing for any immigrant within 10 days of arrest, finding the government's sometimes lengthy delays before conducting the hearings violates the due process clause of the Fifth Amendment.

U.S. District Judge Alison J. Nathan also certified a class of immigrants who "are, have been, or will be" arrested by ICE's New York office and have not been provided an initial hearing before an immigration judge.

The ruling, which came on cross summary judgement motions from the government and lead plaintiff Uriel Vazquez Perez,...

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