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Jennings v. Rodriguez

Supreme Court of the United States
583 U.S. ___, 138 S. Ct. 830 (2018)


Alejandro Rodriguez (plaintiff) was a Mexican citizen and a lawful permanent resident of the United States. In 2004, Rodriguez was convicted of a drug offense and theft of a vehicle. The federal government (defendant) detained Rodriguez and sought to remove him from the country. In 2007, Rodriguez filed a habeas petition in federal district court, alleging that he was entitled to a bond hearing to determine whether his continued detention was justified. Rodriguez argued that the relevant statutory provisions of the Immigration and Nationality Act (the act) did not authorize prolonged detention in the absence of an individualized bond hearing. Rodriguez claimed that these hearings were required because the government was required to prove by clear and convincing evidence that his detention remained justified. Without such a requirement, Rodriguez argued, the relevant provision of the act would violate the Due Process Clause of the Fifth Amendment. The district court sided with Rodriguez and issued an injunction against the government. The appeals court affirmed. The appeals court held that the act requires that aliens be given a bond hearing every six months and that detention beyond the initial six-month period was permitted only if government proved that further detention was justified. The case was then heard before the Supreme Court.

Rule of Law


Holding and Reasoning (Alito, J.)

Concurrence (Thomas, J.)

Dissent (Breyer, J.)

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