April 16, 2013COURT DECISIONPreliminary injunctionBond hearingsDue ProcessDetention time limits
Ninth Circuit issues preliminary injunction requiring periodic bond hearings
The Ninth Circuit grants a preliminary injunction in Jennings v. Rodriguez, holding that §236(a) implicitly requires meaningful judicial review of detention continued beyond six months. The court finds that detention without periodic hearings violates the Due Process Clause. This decision is the first successful federal appellate challenge to the categorical approach. It restricts executive detention authority by requiring periodic judicial review.