Judge rules some immigrants facing deportation must get bond hearings

SAN FRANCISCO — Hundreds of immigrants facing deportation will likely receive bond hearings after a federal judge ruled certain immigrants detained for more than six months are entitled to them under the law.

During oral arguments last week before U.S. Magistrate Judge Jacqueline Scott Corley, U.S. Department of Justice attorneys said a recent Supreme Court decision denying automatic bond hearings for immigrants detained more than six months should apply in the case. Jennings v. Rodriguez, 15-1204.

Corley disagreed, writing in her Tuesday order that the group of immigrants in the suit are different than those in the high court case. Gonzalez et. al. v. Sessions et. al., 18-CV01869 (N.D. Cal, filed March 17, 2018).

Although skeptical she should grant their requests at oral argument, Corley went ahead with the preliminary injunction and class certification requested by plaintiffs’ attorneys.

“Jennings does not overrule Diouf II’s holding that ... [8 USC] 1231(a)(6) must be construed as requiring an individual bond hearing for prolonged detention.” Corley wrote, referring to a previous 9th U.S. Circuit Court of Appeals case that found immigrants detained under that statute are entitled to release on bond unless the government established they were a flight risk or a danger to the community. Diouf v. Napolitano, 634 F.3d 1081, 1082 (9th Cir. 2011).

The U.S. Department of Justice did not reply to an emailed request for comment on Thursday. DOJ attorneys said during oral arguments last week that Jennings overruled Diouf II, which granted immigrants detained under 8 USC 1231(a)(6) a bond hearing after six months.

“Anyone in the 9th Circuit now who is detained under this specific statute will get a prolonged detention bond hearing after 180 days,” said Judah Lakin, an associate at Van Der Hout, Brigagliano & Nightingale LLP in San Francisco who argued the case last week.

The case was originally brought on behalf of Esteban Aleman Gonzalez of Antioch and Jose Gutierrez Sanchez of San Lorenzo, who were ordered deported and have been detained for more than eight months at the Contra Costa West County Detention Facility in Richmond.

The class now includes other immigrants ordered deported but who claim a fear of returning to their home country and others fighting prior deportation orders, Lakin said.

While about 60 individuals had already been identified as class members, according to Lakin, there were potentially hundreds more since many detained immigrants in deportation proceedings did not have lawyers who could take advantage of the ruling and secure their release.

The government had not appealed the ruling, Lakin said. “The government is starting to put together a list of everyone they think should get a hearing,” he added.

“They’re going to share that list, and we’re going to work together to try to make sure that everyone that is detained under the statute does get the hearing that Judge Corley’s order mandates.”