The Supreme Court to Hear Oral Arguments in Indefinite Detention Case
On October 13, the Supreme Court will hear oral arguments on Genalo v. Black. The issues in the case are whether there is a point at which a noncitizen's detention under Section 1226(c), pending a decision on whether he is to be removed, becomes "unreasonably prolonged," such that due process requires a bond hearing; (2) whether, if so, due process in such a bond hearing requires placing the burden on the government to justify the alien's continued detention by clear and convincing evidence; and (3) whether G.M.’s case is now moot.
The Supreme Court has repeatedly ducked the issue of the constitutionality of indefinite detention of concitizens. Click here for commentary on the case.
