346 F. Supp. 3d 379
S.D. Ill.2018Background
- Petitioner Keston Lett, a native of Trinidad and Tobago, arrived at JFK on October 16, 2017, was found with ~4.7 lbs of cocaine, paroled for criminal prosecution, later placed in ICE custody and removal proceedings.
- Criminal indictment was dismissed after the government declined to release him from immigration custody; Petitioner thereafter applied for asylum, withholding, and CAT protection, claiming gang-based threats in Trinidad.
- Petitioner has been detained under 8 U.S.C. § 1225(b) as an "arriving alien" and detained without bond for nearly ten months in a county jail used for criminal detention.
- Immigration court repeatedly delayed issuing a merits decision (including failing to assign a law clerk), causing much of the prolonged detention; Petitioner did not cause the delays.
- Petitioner filed a habeas petition seeking release or, alternatively, a bond hearing before an immigration judge with the Government bearing the burden to justify continued detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arriving aliens detained under § 1225(b) have due process rights to challenge prolonged detention | Lett: Due process forbids prolonged detention without an individualized custody/bond hearing | Gov't: Arriving aliens lack same constitutional protections; §1225(b) permits mandatory detention without periodic bond hearings | Court: Arriving aliens have sufficient due process rights to challenge prolonged detention; Lett entitled to a bond hearing |
| Whether Lett's detention has become "unreasonable" such that due process requires a hearing | Lett: Nearly ten months detained; delays attributable to immigration court; pending asylum is a full defense to removal | Gov't: Detention is bounded by length of removal proceedings and thus not indefinite | Court: On facts here (≈10 months, court-caused delay, pending asylum, county-jail conditions) detention is unreasonable and a bond hearing is required |
| Who bears the burden at the bond hearing and by what standard | Lett: Government must prove by clear and convincing evidence risk of flight or danger to community; judge must consider ability to pay and alternatives | Gov't: Burden inconsistent with §1225(b) which places admission burden on applicant | Court: Government must prove continued detention justified by clear and convincing evidence; judge must consider ability to pay and alternatives |
| Remedy and scope of relief | Lett: Release or bond hearing with Govt. burden | Gov't: Opposes constitutional relief | Court: Granted habeas relief in part — ordered a bond hearing before an immigration judge (gov't burden) by a set date; did not rule on ultimate removability |
Key Cases Cited
- Zadvydas v. Davis, 533 U.S. 678 (civil detention of aliens implicates liberty interests under Due Process)
- Mezei v. Shaughnessy, 345 U.S. 206 (border exclusion and detention without hearing upheld in narrow national-security/exclusion context)
- Demore v. Kim, 538 U.S. 510 (upholding mandatory detention during removal proceedings in certain circumstances)
- Boumediene v. Bush, 553 U.S. 723 (habeas protections and historical liberty interests relevant to detention)
- Salerno v. United States, 481 U.S. 739 (due process interest includes eligibility for bail)
- Lora v. Shanahan, 804 F.3d 601 (Second Circuit discussion of constitutional limits on prolonged mandatory detention)
- Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469 (conditions and character of civil detention can resemble penal incarceration)
- Sopo v. U.S. Attorney Gen., 825 F.3d 1199 (factors for assessing when mandatory civil detention becomes unreasonable)