By Jesus Garcia
The Court of Appeals for the Sixth Circuit, based in Ohio, joined the courts requiring Immigration and Customs Enforcement (ICE) to grant immigrants the right to request bond.
“The petitioners are more than just names in a lawsuit. The petitioners have lived in the United States for years or decades,” Judge Eric Clay wrote.
The ruling follows similar victories in the Eleventh Circuit, based in Atlanta, and the Second Circuit, based in New York.
However, ICE has also had decisions in favor with the Fifth and Eighth circuitswhile the Seventh Circuit did not make a decision on this issue that could reach the Supreme Court, due to differences of opinions in courts.
The two judges who decided in favor in the Sixth Circuit were appointed by Bill Clinton.
The Sixth Circuit’s decision affirmed the Eastern District Court of Michigan’s determinationthat resolved the case of Juan Manuel López-Camposwho filed a petition for habeas corpusalleging that he is illegally detained in the Monroe County jail, in violation of the Immigration and Nationality Act (INA).
“This Court determines that the detention of López-Campos without a bail hearing is illegal, a violation of his due process rights and orders his immediate release or, alternatively, a bail hearing within seven (7) days,” Judge Brandy McMillion decided last August 29.
López-Campos is originally from Mexico and is subject to immigration proceedings for deportation, despite having resided in the US for more than twenty-five years, raising five children, all of whom are US citizens, maintaining stable employment, serving his community and having no criminal history.
American Civil Liberties Union (ACLU) of Michigan specified that the decision will benefit many people detained in Michigan and three other states. This after the Supreme Court limited court decisions, unless they are class actions.
“The courts have once again rejected the Trump administration’s inhumane mandatory detention policy, concluding that its reinterpretation of our country’s detention laws is unlawful. We are extremely happy for our clients and their families,” My Khanh Ngo, a senior staff attorney with the ACLU of Michigan’s Immigrant Rights Project, wrote in a statement.
Keep reading:
· Tom Homan mobilizes many ICE agents to take up Trump’s promise of mass deportations
· ICE detains parents in Austin and thwarts daughter Cindy Cortez’s 16th birthday party
· ICE releases man who spent five months in its custody, went to an appointment for his permanent residence
