Alejandro Rodriguez has lived in the United States. since he was 1 year old. He’s a father now, and until recently, ran as a dental assistant. So why — after pleading guilty to a misdemeanor more than 15 years ago — did it take three years for him to get a bond hearing?
That’s right: Rodriguez wasn’t serving a 3-year sentence. He was simply waiting to see a magistrate to find out what his bail might be.
Even more suprising? The Supreme Court declared last week that this treatment of him was all perfectly legal.
According to Edelman, the decision not apply to all immigrants since a lot of other SCOTUS suits already and explicitly “protect the vast majority of immigrants from indefinite, hearing-less detention.”
“The decision says that certain immigrants can be detained throughout the duration of their immigration proceeds, ” Edelman added. “That is all.”
Here’s what happens next .
Well, the Jennings v. Rodriguez case has now gone back to the Ninth Circuit Court of Appeals. There are several outcomes to this. The Ninth Circuit, which is considered to be quite progressive, could say that denying bond hearings to immigrant detainees is a violation of their constitutional right.
The Ninth Circuit could also propose other solutions for administrative bond hearings on a case by lawsuit solution based on the detainees in question.
But for now, the door remains open in find an answer to the issue of prolonged detention. If the Ninth Circuit comes to a new decision, and has to go back to the Supreme court, Teixeira says a lot of immigrant detainees who had their bonds are going to remain detained until the new decision is taken or another new lawsuit is filed.
“It would have been far better for SCOTUS to assert the Ninth Circuit, I feel, ” Teixeira added. As of right now, there isn’t much to do to challenge the decision except to wait.
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