September 8 brought a new Supreme Court amicus brief from the Constitutional Accountability Center backing a detainee held more than 14 months without a bond hearing under 8 U.S.C. § 1226(c).
CAC argues the Fifth Amendment protects noncitizens as “persons” and bars prolonged immigration detention without a neutral hearing to test flight risk or danger.
The filing asks the justices to uphold a May 2024 Second Circuit ruling that called the detainee’s confinement “unreasonably prolonged” and unconstitutional without bond review.
The government lost its bid for en banc rehearing in the Second Circuit before winning Supreme Court review, setting up a broader test of how far mandatory detention can extend during deportation cases.