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15–1204. Rodriguez represents a group of noncitizen detainees in this case. It also authorizes the Government to detain certain aliens already in the country pending the outcome of removal proceedings under §§1226(a) and (c). 66 ... Jennings v. Rodriguez breaks new ground by requiring multiple plausible interpretations under a strict textualist reading before the canon may be applied. Aliens covered by §1225(b)(1) are normally ordered removed “without further hearing or review” pursuant to an expedited removal process. The case was then heard before the Supreme Court.Sign up for a free 7-day trial and ask it
Thus, a court may review respondents’ claims only if they can show that §1252(b)(9)’s jurisdictional bar does not apply in the first place because their claims do not “aris[e] from any action taken or proceeding brought to remove an alien.”. . . . .“(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,(e) The Ninth Circuit should consider the merits of respondents’ constitutional arguments in the first instance. Justice Alito wrote the opinion of the Court in Jennings v.Rodriguez, but disagreement among the justices was high on this one.Breyer felt so strongly against the Court's opinion that he read from his dissent on the bench.
And I can find no relevant difference in respect to bail-related purposes.My examination of the cases from this Court that considered detention of noncitizens and bail suggests that this Court, while sometimes denying bail to individuals, generally has not held that bail proceedings are unnecessary. The Implications of Jennings v.Rodriguez on Immigration Detention Policy. But by relying on the constitutional-avoidance canon of statutory interpretation, the Court of Appeals for the Ninth Circuit held that detained aliens have a statutory right to periodic bond hearings under the provisions at issue.Finally, as noted, §1226(a) authorizes the Attorney General to arrest and detain an alien “pending a decision on whether the alien is to be removed from the United States.” §1226(a). See 8 CFR §§236.1(d)(1), 1236.1(d)(1).Respondents’ suit for declaratory and injunctive relief, in sum, is not a habeas petition.
In Jennings v. Rodriguez, the Supreme Court held that certain federal laws permit indefinite civil detention without a bond hearing while noncitizens fight to stay in the United States. But because a majority of the Court believes we have jurisdiction, and I agree with the Court’s resolution of the merits, I join Part I and Parts III–VI of the Court’s opinion.Respondent Alejandro Rodriguez is a Mexican citizen. And of course, it is possible that no such order would ever be entered in a particular case, depriving that detainee of any meaningful chance for judicial review.The relevant constitutional language, purposes, history, traditions, context, and case law, taken together, make it likely that, where confinement of the noncitizens before us is prolonged (presumptively longer than six months), bail proceedings are constitutionally required.
Nothing in the text of §1225(b)(1) or §1225(b)(2) even hints that those provisions restrict detention after six months, but respondents do not engage in any analysis of the text. Nothing in §1226(a)’s text—which says only that the Attorney General “may release” the alien “on . By contrast, Congress left the permissible length of detention under §1231(a)(6) unclear.Jurisdiction also is unaffected by8 U. S. C. §1252(b)(9), which by its terms applies only “[w]ith respect to review of an order of removal under [§1252(a)(1)].” §1252(b).
. Jennings v. Rodriguez is a class action lawsuit from the Ninth Circuit filed by the American Civil Liberties Union. Jennings v. Rodriguez. Under122Stat.867,8 U. S. C. §1225, an alien who “arrives in the United States,” or “is present” in this country but “has not been admitted,” is treated as “an applicant for admission.” §1225(a)(1). There is a specific provision authorizing temporary parole “for urgent humanitarian reasons or significant public benefit,” implying that there are no other circumstances under which section 1225(b) detainees may be released. Federal regulations provide that aliens detained under §1226(a) receive bond hearings at the outset of detention.
15–1204. Rodriguez represents a group of noncitizen detainees in this case. It also authorizes the Government to detain certain aliens already in the country pending the outcome of removal proceedings under §§1226(a) and (c). 66 ... Jennings v. Rodriguez breaks new ground by requiring multiple plausible interpretations under a strict textualist reading before the canon may be applied. Aliens covered by §1225(b)(1) are normally ordered removed “without further hearing or review” pursuant to an expedited removal process. The case was then heard before the Supreme Court.Sign up for a free 7-day trial and ask it
Thus, a court may review respondents’ claims only if they can show that §1252(b)(9)’s jurisdictional bar does not apply in the first place because their claims do not “aris[e] from any action taken or proceeding brought to remove an alien.”. . . . .“(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,(e) The Ninth Circuit should consider the merits of respondents’ constitutional arguments in the first instance. Justice Alito wrote the opinion of the Court in Jennings v.Rodriguez, but disagreement among the justices was high on this one.Breyer felt so strongly against the Court's opinion that he read from his dissent on the bench.
And I can find no relevant difference in respect to bail-related purposes.My examination of the cases from this Court that considered detention of noncitizens and bail suggests that this Court, while sometimes denying bail to individuals, generally has not held that bail proceedings are unnecessary. The Implications of Jennings v.Rodriguez on Immigration Detention Policy. But by relying on the constitutional-avoidance canon of statutory interpretation, the Court of Appeals for the Ninth Circuit held that detained aliens have a statutory right to periodic bond hearings under the provisions at issue.Finally, as noted, §1226(a) authorizes the Attorney General to arrest and detain an alien “pending a decision on whether the alien is to be removed from the United States.” §1226(a). See 8 CFR §§236.1(d)(1), 1236.1(d)(1).Respondents’ suit for declaratory and injunctive relief, in sum, is not a habeas petition.
In Jennings v. Rodriguez, the Supreme Court held that certain federal laws permit indefinite civil detention without a bond hearing while noncitizens fight to stay in the United States. But because a majority of the Court believes we have jurisdiction, and I agree with the Court’s resolution of the merits, I join Part I and Parts III–VI of the Court’s opinion.Respondent Alejandro Rodriguez is a Mexican citizen. And of course, it is possible that no such order would ever be entered in a particular case, depriving that detainee of any meaningful chance for judicial review.The relevant constitutional language, purposes, history, traditions, context, and case law, taken together, make it likely that, where confinement of the noncitizens before us is prolonged (presumptively longer than six months), bail proceedings are constitutionally required.
Nothing in the text of §1225(b)(1) or §1225(b)(2) even hints that those provisions restrict detention after six months, but respondents do not engage in any analysis of the text. Nothing in §1226(a)’s text—which says only that the Attorney General “may release” the alien “on . By contrast, Congress left the permissible length of detention under §1231(a)(6) unclear.Jurisdiction also is unaffected by8 U. S. C. §1252(b)(9), which by its terms applies only “[w]ith respect to review of an order of removal under [§1252(a)(1)].” §1252(b).
. Jennings v. Rodriguez is a class action lawsuit from the Ninth Circuit filed by the American Civil Liberties Union. Jennings v. Rodriguez. Under122Stat.867,8 U. S. C. §1225, an alien who “arrives in the United States,” or “is present” in this country but “has not been admitted,” is treated as “an applicant for admission.” §1225(a)(1). There is a specific provision authorizing temporary parole “for urgent humanitarian reasons or significant public benefit,” implying that there are no other circumstances under which section 1225(b) detainees may be released. Federal regulations provide that aliens detained under §1226(a) receive bond hearings at the outset of detention.