A recent district court decision finding that due process rights were violated has been overturned by the Eighth Circuit. An individual was in federal custody for a year, awaiting the outcome of removal proceedings. On this basis, the individual stated their due process rights were violated. Federal law states noncitizens convicted of specific crimes are to be held in federal custody while removal proceedings are held. The circuit court found the individual’s detention period does not limit due process.
The individual, living in the U.S. as a legal permanent resident, was convicted of robbery, following other crimes including drug possession and theft. Following the robbery conviction, removal proceedings were started, in March 2021. The individual filed a complaint based on the length of detention, with that court finding a bond hearing must be held. In April 2022, an immigration judge released the individual on bond.
However, in the circuit court review, a unanimous panel found that per U.S. Supreme Court findings, as long as deportation is a possibility, the individual must be held in federal custody. There is no time limit on retention. The focus is on why the individual is held, versus how long.
If you have questions about removal processing or any other U.S. immigration issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their particular situation.
