Hernandez-Lara v. Lyons, No. 19-2019 (1st Cir. 2021)
Annotate this Case
The First Circuit affirmed in part and reversed in part the order of the district court granting Petitioner's petition for a writ of habeas corpus and ordering the immigration judge (IJ) to conduct a second bond hearing, holding that remand was required.
Petitioner, who entered the United States without being admitted or paroled, was arrested and detained pending a determination of her removability. Petitioner was subsequently denied bond at a hearing in which the IJ placed the burden on Petitioner to prove that she was neither a danger to the community nor a flight risk. The district court ordered the IJ to conduct a second bond hearing at which the government bore the burden of proving by clear and convincing evidence that Petitioner was either a danger or a flight risk. After a second hearing, the IJ released Petitioner on bond. The First Circuit affirmed in part and reversed in part, holding (1) the government need not prove a detainee's flight risk by clear and convincing evidence; and (2) the judgment is otherwise affirmed.
The court issued a subsequent related opinion or order on August 27, 2021.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.