10:55, February 27 384 0 abajournal.com

2018-02-27 10:55:04
Immigration law doesn’t give detained immigrants the right to periodic bond hearings, SCOTUS rules

The Supreme Court decision overturned a ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that said immigration statutes required bond hearings every six months, according to a preliminary summary from SCOTUSblog. The Supreme Court remanded the case and asked the 9th Circuit for a decision on the immigrants’ constitutional claims. Bloomberg and Reuters also have coverage.

The meaning of the relevant statutory provisions is clear—and clearly contrary to the decision of the Court of Appeals,” Justice Samuel A. Alito Jr. wrote in a section of the opinion joined by four other justices.

The ABA had argued in an amicus brief that people being held in immigration detention should get a bond hearing within a set time period to determine whether they pose a danger or a flight risk. The ABA said the due process clause requires a bright-line rule fixing the time period for such a hearing, and the Supreme Court should uphold the six-month deadline adopted by the 9th Circuit.

Alito’s majority opinion was joined in full by Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy. Justice Clarence Thomas wrote an opinion concurring in the judgment and concurring in all but one section of the opinion, which was mostly joined by Justice Neil M. Gorsuch. Justice Elena Kagan did not participate in the case.

The case is Jennings v. Rodriguez.