Posted on 02/28/2018 3:53:39 PM PST by heterosupremacist
"... illegal immigrants and even non-citizens with legal status can be held indefinitely without receiving a hearing:"
Immigrants can be held by U.S. immigration officials indefinitely without receiving bond hearings, even if they have permanent legal status or are seeking asylum, the Supreme Court ruled Tuesday.
In a 5-3 ruling Tuesday, with Justice Elena Kagan recusing, the court ruled that immigrants do not have the right to periodic bond hearings.
The Supreme Court ruling follows a Trump administration appeal of a ruling by the 9th Circuit Court of Appeals last year that imposed a rule requiring immigrants held in custody be given a bond hearing every six months, as long as they aren’t considered a flight risk or a danger to national security.
“To impose a rigid six-month rule like the Court of Appeals did is really a mistake,” acting Solicitor General Ian Gershengorn said in November 2016.
In its ruling, the court affirmed the right of the government to detain immigrants while it determines whether they should be allowed in the country.
“Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country,” Justice Samuel Alito wrote in the majority opinion.
The lead plaintiff in the class-action lawsuit, Alejandro Rodriguez, is an immigrant with permanent legal status who was convicted of possession of a controlled substance and joyriding. He was detained by immigration officials for three years without a bond hearing.
The ACLU took up his case, eventually winning his release and the cancellation of his deportation order. The government’s appeal was begun under the Obama administration, and continued after President Trump
(Excerpt) Read more at shoebat.com ...
Convicted of joyriding?
L
Non citizen illegal? I dunno about that one. Libertarian. These folks are facists.
“Convicted of joyriding?”
Used to be called auto theft; but for an illegal it is “joy riding” to keep them from being deported.....
He “joyrode” it directly to the chop shop
I disagree that they can be held “infedinitely” which smacks too much of lock ‘em up and throw away the key. I do agree they don’t have a right to a bond hearing - but they also have the right to a speedy trial and a quick trip back home.
Their “speedy trial” should consist of nothing more than a determination of whether they are in this country illegally. Once that determination is made, barring any other criminality, throw them out, period.
This isn’t over.
The 9th didn’t rule on a constitutional basis but rather on a non-constitutional basis.
SCOTUS told the 9th it erred. - See PDF page 16 #III and first paragraph page 17
https://www.supremecourt.gov/opinions/17pdf/15-1204_f29g.pdf
SCOTUS actually remanded it for the Ninth to reconsider the case.
They have the right to be treated humanely but nothing beyond that .... see how many “rights” you have in the Socialist Utopia of Meh-e-coh as a gringo illegal or criminal.
Held: The judgment is reversed, and the case is remanded.
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Please explain to us non Perry Masons. The part about judgement is reversed.
I’m dismayed by some of the liberal comments here. Lock them up. Get the word out. Disenchant those thinking about sneaking in. Illegals do not have US Constitutional rights.
Life sentences for foreign invaders sounds good!
Hey...i’m not an attorney, but basically...the 9th’s ruling in this case was overturned.
Sounds like a good thing. Thanks
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