Politico Pro
By Ted Hesson
March 19, 2018
The Supreme Court announced today that it will hear a case related to the debate over so-called “sanctuary cities” that limit cooperation with federal immigration enforcement.
The case addresses whether immigrants released from criminal custody should be subject to mandatory detention — and denied a bond hearing — if they’re not immediately detained by federal immigration authorities.
The 9th Circuit Court of Appeals ruled in August 2016 that the government could deny bond hearings in such circumstances only if convicted criminals were detained “promptly upon their release” from custody.
The named plaintiffs in the class-action lawsuit are lawful permanent residents who committed crimes that could lead to deportation. The plaintiffs initially were released from custody, but detained without bail years later.
One plaintiff, Mony Preap, came to the United States as an infant after his family fled the Khmer Rouge regime in Cambodia.
He became a green card holder in 1981, but was convicted of two misdemeanor marijuana possession charges in 2006. After a short sentence in 2013 for simple battery, he was detained without a bond hearing, allegedly based on the previous marijuana convictions, according to original complaint.
Four other federal appeals courts have sided with the federal government in similar cases, a point the 9th Circuit acknowledged in its opinion.
The Supreme Court is likely to hear the case during its fall term, which begins in October.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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