Vijendra Singh v. Eric Holder, Jr., et al, No. 10-15715 (9th Cir. 2011)
Annotate this CasePetitioner appealed his removal order where petitioner was deemed ineligible for cancellation of removal because he had committed an aggravated felony. At issue was whether certain procedures were necessary in Casas bond hearings to comport with due process. The court held that federal district courts had habeas jurisdiction under 28 U.S.C. 2241 to review Casas bond hearing determinations for constitutional claims and legal error, that given the substantial liberty interests at stake in Casas bond hearings, the government must prove by clear and convincing evidence that continued detention was justified, and that the immigration court was required to make a contemporaneous record of Casas hearings.
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