According to a Supreme Court ruling from Tuesday, February 27, immigrants who are held in detention within the United States are not entitled to a bail hearing. The ruling, which could affect tens of thousands of people, does not apply to standard deportation cases but, rather, those where US residents are facing deportation due to committed relatively minor crimes. It also applies to those who have arrived in the US seeking asylum, and have already passed the first level of screening.
The Specifics of the Supreme Court Ruling
Generally, once these cases are heard by a judge, around 70% of those legal residents and 40% of the asylum seekers will receive a favorable outcome but, before getting to that stage, they face a long spell of detention. According to government figures, the average detention period is around 13 months, with many waiting even longer for their chance to prove their innocence. Previously, the 9th Circuit Court of Appeals had ruled that these detainees were entitled to a bail hearing after six months and, if proven not to be a flight risk or a danger, could be allowed home after posting a monetary bond, wearing an electronic tag, or both. However, Tuesday’s Supreme Court judgment has put an end to that practice, meaning all detainees must remain where they have been detained until their trial goes to court.
In addition to removing the right to a bail hearing, the Supreme Court has referred the case back to the lower courts, seeking an answer to the questions of whether indefinite without a chance for bail goes against the constitution, and if any challenge to this removal of bail hearings could be brought as a class action. If a class action is not allowed, it is unlikely that many of these detainees could afford to appeal individual.
Thousands of immigrants must now remain in detention, or be returned there, awaiting trial.
Deportation Removal Defense in Salt Lake City
While the Supreme Court judgment relating to immigrants in detention may not apply to you, you may be facing deportation from the United States for another reason. If so, a highly-experienced and knowledgeable Salt Lake City deportation removal defense attorney could be your key to continuing your life in the US.
Some of the measures we can employ to stop your deportation include:
- Request for prosecutorial discretion to terminate or administratively close proceedings
- Waivers of inadmissibility and removal
- Cancellation of removal for permanent residents
- Cancellation of removal for non-permanent residents
- Suspension of deportation
- Adjustment of status to permanent residence
- Asylum and withholding of removal
- Legalization and registry
- Voluntary departure
Remember, it is the government’s responsibility to prove that you are removable from the United States by clear, unequivocal evidence, and you will have the opportunity to apply for any applicable forms of relief.
As this is a complex process, it can easily become overwhelming when you’re not familiar with the legalities of deportation. For this reason, it is important to get an excellent Salt Lake City deportation removal defense attorney on your case as soon as possible. To get the process started, contact us today on 801-656-9605.