In two opinions yesterday (here and here), Judges Furman and Carter concluded that Due Process requires timely, individual bond hearings, with the Government bearing the burden to show a risk of flight, for those awaiting removal hearings.
In the case before Judge Furman, the detainee has been held for 21 months with no hearing. In a previous opinion (covered here), Judge Furman concluded that, given the “liberty interests” at stake, it was appropriate for the Government to bear the burden of proof.
While the Board of Immigration Appeals has a policy of putting the burden on the detainee, Judge Carter’s decision yesterday agreed with Judge Furman that the policy was inconsistent with Due Process:
Continue Reading Judges Furman and Carter Grant Habeas Petitions Requiring Individualized Bond Hearings for Detaining Awaiting Removal Hearings