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Jennings v. Rodriguez, 583 U.S. ___ (2018), is a United States Supreme Court case in which the Court held that detained immigrants do not have a statutory right to periodic bond hearings.
| Jennings v. Rodriguez | |
|---|---|
 | |
| Argued November 30, 2016 Reargued October 3, 2017 Decided February 27, 2018 | |
| Full case name | David Jennings et al. v. Alejandro Rodriguez et al. |
| Docket no. | 15-1204 |
| Citations | 583 U.S. ___ (more) 138 S. Ct. 830; 200 L. Ed. 2d 122 |
| Case history | |
| Prior | Rodriguez v. Robbins, 804 F.3d 1060 (9th Cir. 2015); cert. granted, 136 S. Ct. 2489 (2016). |
| Holding | |
| Detained immigrants do not have a statutory right to periodic bond hearings. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Alito, joined by Roberts, Kennedy; Thomas, Gorsuch (all but Part II); Sotomayor (Part III–C) |
| Concurrence | Thomas (in part), joined by Gorsuch (except footnote 6) |
| Dissent | Breyer, joined by Ginsburg, Sotomayor |
| Kagan took no part in the consideration or decision of the case. | |
The case was brought about by Mexican citizen and lawful U.S. permanent resident Alex Rodriguez. After a 2004 incident, he was detained on the grounds of 8 U.S.C. 1226, which states that under a warrant by the Attorney General immigrants may be arrested and detained while their case status is decided. Rodriguez challenged this justification in 2007 through habeas corpus, claiming immigrants had the right to a bond hearing without "prolonged" detention according to 8 U.S.C. 1225. The United States Court of Appeals for the Ninth Circuit affirmed his entry deciding detained immigrants had the right to a periodic hearing if one had not already been held after 6 months.
The Court of Appeal's decision was reversed by the Supreme Court in a plurality opinion after granting a writ of certiorari in June 2016.[1] Justice Samuel Alito wrote for the majority and concluded that no provision of 8 U.S.C. 1225 limits length of detention to six months, or suggests length of detention should be a factor when deciding on release of a detained immigrant.[2][3]
References
edit- ^ Liptak, Adam (February 27, 2018). "No Bail Hearings for Detained Immigrants, Supreme Court Rules". The New York Times. p. A14. Retrieved July 9, 2019.
- ^ Jennings v. Rodriguez, No. 15-1204, 583 U.S. ___ (2018).
- ^ Note, The Supreme Court, 2017 Term — Leading Cases, 132 Harv. L. Rev. 417 (2018).
External links
edit- Text of Jennings v. Rodriguez, 583 U.S. ___ (2018) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)
- Case page at SCOTUSblog