Mass. Judge Rejects 6-Month Rule For Immigrant Detention

Law360 (July 10, 2019, 4:25 PM EDT) -- A Massachusetts federal judge on Tuesday held that detaining noncitizens without a bond hearing violates due process when that detention is "unreasonably prolonged," but declined a class of immigrants' request to impose a bright-line definition at six months.

U.S. District Judge Patti B. Saris said the length of detention, specifically for immigrants with criminal convictions who are detained pending deportation proceedings, is "the most important factor" in determining reasonableness. When that detention lasts more than a year, she said, it is "likely to be unreasonable."

But Judge Saris followed the lead of the First Circuit — which vacated a district court...

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Massachusetts

Nature of Suit

Habeas Corpus - Alien Detainee

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Date Filed

July 1, 2013

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