1st U.S. Circuit Court upholds right to bond hearings for immigrants

The 1st U.S. Circuit Court of Appeals has upheld a decision granting detained immigrants the right to bond hearings. The ruling, which affects thousands of individuals, declares that the federal government has been misinterpreting immigration law by denying these hearings to those who entered the country ‘without inspection.’

In the majority opinion, Circuit Judge Lara Montecalvo noted that for nearly 30 years, immigration officials had operated under a provision allowing detainees to request bond, provided they are not deemed a flight risk or a danger to the community. The court found that the government had been applying an incorrect part of the law to justify holding individuals without the opportunity to advocate for their release before an immigration judge.

The lead plaintiff, José Arnulfo Guerrero Orellana, has resided in the country since 2013. This decision marks the seventh time an appeals court has reached this conclusion within the last year. In a dissenting opinion, Circuit Judge Joshua Dunlap defended the government’s interpretation of the statutes.