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In October 2018, Ana Ruth Hernandez-Lara, a non-U.S. citizen who fled El Salvador in 2013 and entered the U.S. without permission, appeared before an immigration judge at a discretionary bond hearing and requested bond pending her removal proceeding. Following Board of Immigration Appeals (BIA) procedure, the judge required her to prove that she was neither a danger to the community nor a flight risk. Finding that she failed to meet her burden, the judge denied her request. Hernandez contested the immigratoin judge’s burden allocation and prevailed: the United States District Court for the District of New Hampshire granted her petition for a writ of habeas corpus and ordered the judge to provide a bond hearing where the government, not[…]
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Read the original article: First Circuit Expands Due Process Rights of Noncitizens at Immigration Bond Hearings