"The Jennings Court overturned the U.S. Court of Appeals for the Ninth Circuit’s requirement that individuals subject to mandatory detention provisions of the Immigration and Nationality Act be provided with initial and then periodic bond hearings ascertaining the appropriateness of continued detention with the possibility of release pending judicial proceedings. The Court’s decision in the case leaves open the question of whether the United States can subject the thousands of individuals awaiting a final judicial decision on their applications for immigration relief to prolonged civil detention."
The Regulatory Review
July 23, 2018