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Civil Procedure Keyed to Babcock
Jennings v. Rodriguez
Citation:
138 S. Ct. 830, 200 L. Ed. 2d 122 (2018)Facts
Alejandro Rodriguez, a Mexican citizen and lawful permanent resident of the United States, was detained pursuant to 8 U.S.C. §1226 after a 2004 conviction while the government sought to remove him. After being detained for approximately three years without a bond hearing, Rodriguez filed a habeas petition claiming he was entitled to a bond hearing to determine whether his continued detention was justified. He subsequently became the representative for a certified class of noncitizens who had been detained for at least six months pursuant to one of three immigration detention statutes: §1225(b), §1226(a), or §1226(c). The class members sought individualized bond hearings where the government would bear the burden of proving by clear and convincing evidence that continued detention was necessary. Many class members had been detained for extended periods, some for years, while their immigration cases proceeded.
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