NYU Law Immigrant Rights Clinic Practice Advisory: Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention

Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention, Nov. 18, 2015

"This practice advisory discusses the Second Circuit’s decision in Lora v. Shanahan, No. 14-2343, -- F.3d -- , [2015 U.S. App. LEXIS 18803] (2d Cir. Oct. 28, 2015). In Lora, the Second Circuit held that immigrants subject to mandatory detention must be provided a bond hearing within six months of detention. [] (holding that “an immigrant detained pursuant to [8 U.S.C. §] 1226(c) must be afforded a bail hearing before an immigration judge within six months of his or her detention” (emphasis added)). Id. The decision also held that at that bond hearing, the individual is entitled to release on bond “unless the government establishes by clear and convincing evidence that the alien poses a risk of flight or a risk of danger to the community.” Id. (citing Rodriguez v. Robbins, 715 F.3d 1127, 1131 (9th Cir. 2013))."

"This advisory was written by Juan Caballero and Eva Yung, under the supervision of Professor Alina Das, on behalf of the Immigrant Rights Clinic at New York University School of Law. The views herein do not necessarily represent the views of New York University School of Law, which is listed for identification purposes only. This advisory is not a substitute for independent legal advice by a lawyer who is familiar with an individual’s case. If you have questions or are planning to file any habeas litigation related to these issues, please reach out to Professor Alina Das of the Immigrant Rights Clinic at New York University School of Law, at alina.das@nyu.edu."