From Fox News: Illegal immigrants nabbed by ICE do not have to face bond hearings, a step that has become a potential legal impediment to President Donald Trump’s mass deportation agenda, a second federal court found Wednesday.
The case involved Mexican national Joaquin Herrera Avila, who was captured in Minneapolis in August and failed to produce legal credentials authorizing his admission to the U.S. He was detained without bond and faced removal proceedings.
A district court in Minnesota granted Avila’s petition for habeas corpus, or to challenge the legality of his detention, which the Trump administration challenged.
“We reverse and remand [that ruling] for proceedings consistent with this opinion,” the Eighth Circuit ruled Wednesday in a split decision, with George W. Bush-appointed Judge Bobby Shepherd of Arkansas writing for the majority.
Shepherd said the district court used a federal law allowing detention without bond for “an alien seeking admission.” The court considered Avila to no longer be seeking formal admission, as he was already living in the U.S. and had been for years.
“Massive court victory against activist judges and for President Trump’s law and order agenda,” Attorney General Pam Bondi said after the lower court’s ruling was reversed by the St. Louis-based Eighth Circuit.
“The Eighth Circuit has held that illegal aliens can be detained without bond — following a similar ruling from the Fifth Circuit last month. The law is very clear, but Democrats and activist judges haven’t wanted to enforce it. This administration will,” Bondi said.
“Imagine how many illegal alien crimes could have been averted if the left had simply followed the law?”
Read more at Fox News
The Dennis Michael Lynch Podcast archive is available below, with the most recent on top. Never miss an episode. Subscribe to the show by downloading The DML News App or go to Apple Podcasts.
