'Johnson V. Chavez': Aliens with Reinstated Removal Orders May Be Detained Without Bond Hearings [July 12, 2021]   [open pdf - 702KB]

From the Document: "Certain non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act [hyperlink]) who unlawfully reenter the United States after being removed are subject to a 'reinstatement of removal' process [hyperlink], which generally requires their prompt removal without a hearing. If the alien with a reinstated removal order shows a reasonable fear of persecution or torture in the country of removal, however, he or she may pursue protection from removal in 'withholding-only' proceedings. In 'Johnson v. Chavez' [hyperlink] the Supreme Court recently construed provisions of the Immigration and Nationality Act (INA) as authorizing the detention without bond of aliens with reinstated removal orders pending the outcome of their withholding-only proceedings. The Court reversed a decision [hyperlink] by the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruling that aliens placed in withholding-only proceedings are entitled to bond hearings under the discretionary detention provisions of INA § 236(a). The Supreme Court held that aliens with reinstated orders of removal are subject to the more stringent detention provisions of INA § 241(a) because that statute, by its 'plain text,' [hyperlink] applies to aliens who have been ordered removed."

Report Number:
CRS Legal Sidebar, LSB10620
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Media Type:
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