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Federal Court Continues to Require Immigration Courts to Conduct Bond Hearings

In April 2019, the U.S. District Court for the Western District of Washington’s preliminary injunction in Padilla v. U.S. Immigration & Customs Enforcement, in which the plaintiffs were challenging delays in bond hearings and credible fear interviews for some asylum seekers. In its preliminary injunction, the district court had ordered that immigration courts provide bond hearings with new procedural protections within seven days of requests or release the individuals from detention.

Shortly thereafter, Attorney General William Barr issued a decision in Matter of M-S-, that would eliminate bond hearings for all individuals who enter the U.S. without inspection, are placed in expedited removal proceedings, and establish a creditable fear of persecution or torture if deported to their native countries.

On July 2, 2019, the district court modified its preliminary injunction to state that immigration courts must continue to provide bond hearings within seven days for affected individuals with new procedural protections, despite the decision in Matter of M-S-. The federal government immediately appealed the modified injunction to the Ninth Circuit Court of Appeals.

Federal Court Continues to Require Immigration Courts to Conduct Bond Hearings

The Ninth Circuit granted a temporary stay of the district court’s orders to allow the parties to complete briefs on the government’s motion to stay the orders. Following submission of briefs by the parties, the Ninth Circuit granted the motion for stay in part and denied it in part. More specifically, the Ninth Circuit declined to require immigration courts to hold bond hearings within seven days with new procedural protections, but left that portion of the injunction intact that required the immigration courts to continue to hold bond hearings for these individuals. The injunction does not apply, however, to individuals who appeared at a port of inspection to request asylum and passed a credible fear interview.

Whatever your situation may be, you will need skilled legal assistance to work toward a resolution of your immigration matter. The Texas immigration attorneys of Peek & Toland know how to help you navigate through the maze of immigration forms, regulations, and policies, and get the relief that you need. Take the first step today and secure the future of your family in the U.S. Contact our office today at and set up an evaluation with one of our highly skilled Texas immigration lawyers.

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