AROLDO RODRIGUEZ DIAZ V. MERRICK GARLAND, ET AL, No. 20-16245 (9th Cir. 2022)Annotate this Case
Petitioner, a citizen of El Salvador, was detained pursuant to 8 U.S.C. Sec. 1226(a), which authorizes the federal government to detain aliens pending the completion of their removal proceedings. Petitioner requested and received a bond hearing before an Immigration Judge to
determine if his detention was justified. The Immigration Judge concluded that Petitioner, who had an extensive criminal history, presented a danger to the community due to his gang affiliation. Based on this, the Immigration Judge denied release on bond. Petitioner claims that his continued detention was unconstitutional because under the Due Process Clause of the Fifth Amendment, he is entitled to a second bond hearing at which the government bears the burden of proof by clear and convincing evidence.
The district court ruled that Petitioner was constitutionally entitled to another bond hearing before the Immigration Judge.
The Ninth Circuit held that the Due Process Clause does not require more than Sec. 1226(a) provides.