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5/16: Judge Rules to Limit Mandatory Detention of Immigrants in California Immigration judge grants motion for preliminary injunction requiring the government to give certain immigrants a bond hearing in California
Released 05 June 2014  By ACLU of Northern California

Judge Rules to Limit Mandatory Detention of Immigrants in California
Immigration judge grants motion for preliminary injunction requiring the
government to give certain immigrants a bond hearing in California.

For Immediate Release :
May 16, 201

On Thursday May 15, United States District Court Judge for the Northern
District of California, Yvonne Gonzalez Rogers granted a motion for a
preliminary injunction and motion for class certification in Preap v.
Holder, a class action lawsuit in which Asian Americans Advancing Justice
– Asian Law Caucus and the American Civil Liberties Union of Northern
California, with lead counsel Keker Van Nest, LLP, challenged the federal
government’s practice in California of detaining certain immigrants
without bond, often for many months, while they face deportation
proceedings.

By refusing these detainees bond hearings at which they can demonstrate
their fitness for release because they are neither a flight risk nor a
public safety risk, the government was effectively tearing immigrants away
from their families, their communities, and their livelihoods and
compromising their access to representation. Many immigrants caught in
the mandatory detention dragnet are longtime residents of the United
States who have rehabilitated themselves, raised families and they will
now have the opportunity to make an individualized case against their
detention.

"This case has the power to stop the federal government’s outrageous
process of holding people without bond. We are now one step closer to
ensuring those who aspire to be citizens are treated fairly before the
law," said lead counsel and Keker & Van Nest Partner Jon Streeter.

“Fair process is at the core of our country’s system of justice. The Court
rightly acknowledged that not even the government is above the law, and
cannot deny bond hearings to individuals who are plainly entitled to
them,” said Keker & Van Nest attorney Stacy Chen.

“The decision places some necessary limits on the federal government’s
expansive use of mandatory detention, a practice that has been devastating
immigrant families for nearly two decades,” said Alison Pennington of
Advancing Justice-Asian Law Caucus.

“This is an important victory that pushes back against our inhumane and
abusive immigration detention system,” said Julia Harumi Mass, Senior
Staff Attorney with the ACLU of Northern California. “In addition to
monitoring the compliance with this injunction, the ACLU will continue to
seek reforms that respect our fundamental sense of fairness for
immigration detainees.”


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