Jennings

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Immigration

Class Actions and Due Process Relief for Immigration Detainees After Jennings v. Rodriguez

A U.S. district court has limited the ability of immigration detainees to use an important procedural tool to challenge their detention. With the ruling, detainees are restricted in their ability to bring a Rule 23(b)(2) class action to assert a right to individualized bond hearings under the Due Process Clause. The order lays bare the consequences of the Supreme Court’s 2018 decision in Jennings v. Rodriguez and foreshadows increased difficulty for detained asylum-seekers hoping to challenge their prolonged imprisonment without bond hearings.

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