641 F.3d 92
5th Cir.2011Background
- DHS allows an obligor to post a $1,500 cash bond to secure an alien's release and mandates notice be sent to the address in the bond agreement by certified mail return receipt requested.
- If the notice is undeliverable, DHS immediately declares the bond breached and sends notice of the breach to the same address, with no further attempts at notice.
- Bond obligors sue, alleging due process violation for failing to take additional reasonable steps after learning notice was not received.
- District court certified two classes (Obligor Bond Class and Immigration Bond Class); plaintiffs seek reinstatement and/or broader notice duties for future bond demands.
- The court must decide whether Jones v. Flowers requires DHS to take further reasonable steps once it knows notice was not effected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process requires additional steps when notice is not received | Echavarria argues DHS must do more once it knows delivery failed | Pitts asserts no obligation beyond certified mail notices unless compelled by Jones | Yes; additional reasonable steps required when notice is known to be failed |
| Applicability of Jones v. Flowers to immigration bonds | Jones applies to notice failures in property contexts and should extend to immigration bonds | Jones not previously applied to immigration bonds; case law not dispositive here | Jones applies; due process extends to immigration bonds when notice is known to have failed |
| What constitutes 'additional reasonable steps' under Jones | Additional steps were available and not used; concrete steps exist | No universal checklist; steps depend on facts and practicability | No single standard; steps must be reasonably calculated to inform, with examples like resending by regular mail, posting, or occupancy-based addressing |
| Limits of district court’s interpretation of Jones in this context | District court properly found that additional steps were available | District court expanded Jones beyond its scope | District court did not exceed Jones; it identified available reasonable steps and that DHS had access to A-file information |
Key Cases Cited
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due process requires notice reasonably calculated to inform)
- Jones v. Flowers, 547 U.S. 220 (2006) (knowledge of failed notice requires additional reasonable steps)
- Dusenbery v. United States, 534 U.S. 161 (2002) ( Mullane command to make notice reasonably calculated)
- Taylor v. United States, 483 F.3d 385 (5th Cir.2007) (government must fulfill Mullane's notice requirement with reasonable effort)
- Rendon v. Holder, 400 Fed.Appx. 218 (9th Cir.2010) (courts acknowledge government must take additional steps to notify aliens)