Jennings v. Rodriguez
Supreme Court of the United States
138 S. Ct. 830 (2018)
Rodriguez (plaintiff), a lawful permanent resident convicted of a drug offense and vehicle theft, was detained by the government (defendant) pending removal proceedings. He filed a habeas petition arguing the relevant statutory provisions didn't authorize prolonged detention without an individualized bond hearing, and that reading them to allow such detention without a hearing would violate due process. The district court agreed and enjoined the government; the appeals court affirmed, ruling that aliens must get a bond hearing every six months, with continued detention allowed only if the government proved further detention was justified. The Supreme Court granted certiorari.
Whether the federal government is required to provide periodic bond hearings for detained foreign citizens under Sections 235 or 236 of the Immigration and Nationality Act.