September 2020 – Winning an important decision that could have broad implications, Kendall Brill & Kelly LLP Attorneys Katelyn A. Kuwata and Sarah E. Moses secured a bond hearing for a U.S. Immigration and Customs Enforcement (ICE) detainee who had not been afforded a bond hearing in nearly three years. The ruling in the pro bono immigration case is believed to be the only Central District Court ruling requiring the government to comply with an injunction, issued in a separate class action case, that mandates bond hearings every six months to determine if certain ICE detainees should be released or remain in custody. Ms. Kuwata and Ms. Moses argued that the injunction remains in effect and requires a bond hearing for their client. A magistrate judge agreed, saying the government did not “cite any authority” for ignoring the injunction requiring bond hearings every six months and called the government’s position “disingenuous.” U.S. District Judge Cormac J. Carney agreed with the magistrate, saying the government’s arguments that the “periodic-bond-hearing requirement has somehow magically dissipated should not be countenanced.” The decision supports providing periodic bond hearings to ICE detainees across the Central District.
KBK Attorneys Win Important Decision Upholding Regular Bond Hearings for ICE Detainees