Vijendra K. Singh v Holder
2011 U.S. App. LEXIS 6608
| 9th Cir. | 2011Background
- Fisher, Judge, reviews Casas-Castrillon bond hearings for prolonged detention and due process requirements.
- Singh, a Fiji native, was detained since 2007 after ICE charge of removability; bond hearing in Sept. 2008 denied release.
- IJ admitted RAP sheet and cross-examined spouse despite initial stipulation; later written finding diverged from oral ruling.
- District court dismissed habeas petition, holding no review of discretionary bond denial; Ninth Circuit vacated and remanded.
- Court holds habeas jurisdiction to review constitutional/legal errors under 28 U.S.C. § 2241; Demore governs jurisdictional framework.
- Court determines government must prove by clear and convincing evidence that continued detention is justified; contemporaneous recording required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper burden of proof at Casas bond hearing | Singh contends government bears burden to prove risk/danger. | Singh argues misallocation; government bears burden. | Burden on government correctly allocated; IJ error noted but cured later |
| Standard of proof at Casas bond hearings | Clear and convincing standard should apply | Precedents do not specify; should be lower standard | Clear and convincing standard applies |
| Dangerousness standard and need for 'special dangerousness' | Government must show special dangerousness for prolonged detention | Guerra factors suffice; no special dangerousness requirement | No heightened 'special dangerousness' required; Guerra framework suffices |
| Need for contemporaneous record of Casas hearings | Transcript or contemporaneous record required for due process | Post-hearing memorandum sufficient | Contemporaneous record required; audio recording satisfies due process |
| Jurisdiction to review Merits of removal vs. detention | Habeas to evaluate underlying removal merits as independent of detention | REAL ID Act confines review to petition for review of removal order | Habeas review for detention independent of removal merits exists; otherwise, REAL ID Act limits apply |
Key Cases Cited
- Casas-Castrillon v. Department of Homeland Security, 535 F.3d 942 (9th Cir. 2008) (bond hearing rights and due process in detention context; governs standard of proof and review)
- Demore v. Kim, 538 U.S. 510 (U.S. 2003) (habeas jurisdiction preserved for constitutional claims challenging detention framework)
- Prieto-Romero v. Clark, 534 F.3d 1053 (9th Cir. 2008) (cases discussing Casas standards and detention review framework)
- Nadarajah v. Gonzales, 443 F.3d 1069 (9th Cir. 2006) (habeas review standards and jurisdictional considerations)
- Zadvydas v. Davis, 533 U.S. 678 (U.S. 2001) (due process and limits on indefinite detention; later procedural protections)
- Addington v. Texas, 441 U.S. 418 (U.S. 1979) (standard of proof in civil confinement contexts)
- Foucha v. Louisiana, 504 U.S. 71 (U.S. 1992) (requires heightened proof in civil confinement where liberty is at stake)