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February 27, 2018COURT DECISIONBond hearing rightsDue processStatutory interpretationDetention indefiniteness

Supreme Court Reverses Ninth Circuit in Jennings v. Rodriguez

The Supreme Court, in a 5-3 decision authored by Justice Samuel Alito, reverses the Ninth Circuit in Jennings v. Rodriguez. The Court holds that the INA does not require bond hearings, rejecting the constitutional avoidance canon and statutory interpretation principles cited by the lower court. Justice Stephen Breyer dissents, warning the ruling enables indefinite detention without judicial oversight. The decision removes the six-month hearing requirement and returns detention authority entirely to executive discretion.