Jennings, Et Al. v. Rodriguez, Et Al.

Whether illegal immigrants awaiting deportation have a right to release on bond.

Respondents represent a certified class of non-citizens who argue that their continued detention absent individual bond hearings and determinations to substantiate their continual detention is unlawful. Class certification was denied, and then the Ninth Circuit reversed the denial. A permanent injunction was entered against the government requiring the government to give any class member imprisoned for six months or longer a bond hearing. The government appealed and the Ninth Circuit Court of Appeals affirmed in part and reversed in part, upholding the permanent injunction, but holding that Immigration Judges must consider the length of detention and afford bond hearings every six months. The Supreme Court granted certiorari to determine whether non-citizens must be given bond hearings with the option of release if detention persists for six months and whether non-citizens are entitled to release under certain circumstances. Petitioner argues that the Ninth Circuit Court of Appeals created a new extensive exception that would permit non-citizen criminals to be released after a bond hearing if they are detained for six months and modified the processes of bond hearings all together.