"The judge writing for the panel, Judge Joseph F. Bianco, in a unanimous decision, is a Trump appointee hand-picked by the Federalist Society who counts himself a strict textualist when it comes to constitutional law."
"Even if the government's newfound interpretation of Section 1225(b)(2)(A) were plausible—and it is not—we would nonetheless reject it based on our obligation to construe these statutes in a manner that would avoid the serious constitutional questions attendant to what would be the broadest mass detention-without-bond mandate in our Nation's history for millions of noncitizens."
"The statute that the court refers to is one that pertains to newly arrived immigrants who are 'seeking admission' to the country, which justifies mandatory detention the government argues, without a bond hearing, indefinitely, regardless of whether the person represents a flight risk."
The US Court of Appeals for the Second Circuit upheld a lower court ruling against the Trump administration's detention practices for undocumented immigrants. The case involved Ricardo Aparecido Barbosa da Cunha, who applied for asylum after living in the US for 21 years. The unanimous decision criticized the administration's argument for detaining him without a bond hearing, stating it contradicts longstanding practices and raises serious constitutional concerns. The court emphasized the need to interpret immigration statutes in a way that avoids mass detention without due process.
Read at sfist.com
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