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08/02/2023

Doe v. Decker (Amicus)

The Legal Aid Society filed a coalitional amicus brief in support of petitioner-appellee John Doe and to argue that immigrants with forbearance stays who are subjected to prolonged detention are constitutionally entitled to a bond hearing. The government routinely detains individuals protected from removal by forbearance stays for months or even years while their petitions are reviewed. In this case, the government argued that the only process immigrants in Mr. Doe’s position are due is through the inadequate, post-order custody review procedures set forth 8 U.S. § 1231, which, in amici’s experience, are opaque and almost always result in summary denial.