In a significant win for immigration rights lawyers, a federal appeals court has ruled that immigrants who are jailed longer than six months while facing deportation have the right to pursue a class action seeking a court declaration of their right to a bail hearing.
In Alli v. Decker , the 3rd U.S. Circuit Court of Appeals voted 2-1 to reverse a lower court’s decision that said individual immigrants have the right to seek such bail hearings, but that Congress specifically barred the use of any class action to challenge the government’s handling of deportation proceedings.
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