Black v. Decker

103 F.4th 133 (2024)

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Black v. Decker

United States Court of Appeals for the Second Circuit
103 F.4th 133 (2024)

  • Written by Nathan Benedict, JD

Facts

Carol Black and Keisy G.M. (plaintiffs) were legal permanent residents who were detained without bond for seven months and 21 months, respectively, pursuant to Immigration and Nationality Act (INA) § 236(c). Black and G.M. both provided financial support for their families, which was interrupted by their prolonged detentions. Black and G.M. separately sued Thomas Decker (defendant), the director of the New York Field Office for Immigration and Customs Enforcement, alleging that their prolonged detentions without bond hearings violated their right to due process. The district court granted relief in Black’s case but denied relief in G.M.’s case. The government appealed in Black’s case, and G.M. appealed in his case.

Rule of Law

Issue

Holding and Reasoning (Carney, J.)

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Casebooks

Immigration Law

Key Terms

  • Section 236(c) of the Immigration and Nationality ActDescribes which classes of aliens should be mandatorily detained during the removal process.
  • Due ProcessA constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious and that individuals will be given notice of legal proceedings conducted fairly with an opportunity for an individual to be heard before the government may impose sanctions on one’s life, liberty, or property.

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