On the final day of the last Supreme Court term, the court listed two cases for reargument. Both had been argued prior to the nomination and confirmation of Justice Neil Gorsuch, and both were presumably tied, 4-4, as the term came to a close. Both, when decided during the upcoming term, could significantly impact noncitizens facing deportation, in Pennsylvania and nationwide. Jennings v. Rodriguez, 136 S. Ct. 2489 (2016) (granting certiorari), will address the constitutional limitations on mandatory, no-bond immigration detention.
Jennings was first argued on Nov. 30, 2016, and will be reargued on Oct. 3. The petitioners represent the federal government, while the respondents are a class of noncitizens who were detained in the Central District of California in civil immigration custody for more than six months and brought a habeas corpus action seeking bond hearings. The government petitioned for certioriari from the U.S. Court of Appeals for the Ninth Circuit’s decision in Rodriguez v. Robbins, 804 F.3d 1060, 1066 (9th Cir. 2015), but the Supreme Court’s decision will have nationwide implications.
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