Lawyers for a Haitian man who has been held by immigration authorities since September for convictions of turnstile jumping in New York City argued before a federal judge on Friday that their client should be entitled to a bond hearing at the six-month mark of his detention.

The proposed class action suit filed on behalf of Augustin Sajous, a 60-year-old permanent resident who has been in the United States since 1972, comes a few months after the U.S. Supreme Court ruled that federal immigration statutes do not give U.S. Immigration and Customs Enforcement detainees the right to a bond hearing, a decision which an immigration judge cited in ruling that Sajous remain locked up.

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