Murray Osorio PLLC is proud to share an important victory from the U.S. Court of Appeals for the Fourth Circuit in a case brought by Murray Osorio, other law firms, and the ACLU Immigrants’ Rights Project.
Background
The case challenged ICE’s position that certain immigrants who entered the United States across the border and are now facing removal proceedings could be detained without access to a bond hearing.
The case raised an important question about whether these individuals have the right to seek release from ICE detention on bond while their immigration cases are pending.
Outcome
The Fourth Circuit agreed with the challengers, ruling that ICE cannot categorically detain these immigrants without access to a bond hearing and that they may seek release on bond before an immigration judge.
The decision applies throughout the Fourth Circuit, which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina, and could have a significant impact on thousands of immigrants held in ICE detention.
Importantly, the decision does not mean that every person in immigration detention will automatically be released. Bond eligibility and the appropriate legal strategy depend on the circumstances of each individual case. Depending on the case, that strategy may include seeking bond before an immigration judge or pursuing habeas corpus relief in federal court.
Read the Fourth Circuit’s decision here.
Murray Osorio is proud to have helped bring about this important result and to continue advocating for the rights of immigrants in detention.
If you or a loved one is currently in ICE detention, contact Murray Osorio PLLC to discuss your case and the legal options that may be available.