Rodriguez, et al. v. Robbins, et al.
What's at Stake
On October 29, 2015, a federal appeals court affirmed and expanded its prior ruling that immigrants in prolonged detention receive a bond hearing. In Rodriguez v. Robbins, a class-action lawsuit , the court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.
Summary
Such detention is a massive waste of taxpayer dollars, at a daily cost of $164 per detainee per day, and more than $2 billion a year. For these immigrants, this ruling reaffirms that, in America, no one should be locked up for months or years without a hearing to determine if their detention is justified.
Rodriguez, et al. v. Robbins, et al. was originally filed in a federal district court in Los Angeles in May 2007, on behalf of Alejandro Rodriguez an immigrant from Mexico who was detained more than three years pending completion of his removal proceedings without ever receiving a bond hearing. In the lawsuit, Rodriquez asked for a hearing to determine if his prolonged detention was justified and to represent other similarly situated immigrants in the Central District of California. A district court in California ruled that it did not have jurisdiction to grant a class action. The ÀÏ°ÄÃÅ¿ª½±½á¹û appealed the case to the U.S. Court of Appeals for the Ninth Circuit in April, 2008.
The Ninth Circuit, disagreeing with the government's claims, found that it had clear jurisdiction to allow the lawsuit to go forward as a class action and that a class action would provide a remedy for immigration detainees who are unrepresented. The court explained that without class certification, "many of the putative class members likely would not be able to adjudicate their claimed need of a bond hearing," and that class treatment was "likely necessary to provide the remedy sought."
Counsel for plaintiffs include the ÀÏ°ÄÃÅ¿ª½±½á¹û of Southern California, the ÀÏ°ÄÃÅ¿ª½±½á¹û’s Immigrants’ Rights Project, the Stanford Law School Immigrants’ Rights Clinic, and the law firm of Sidley Austin LLP.
Legal Documents
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11/29/2012
Rodriguez, et al. v. Robbins, et al. - Petitioners-Appellees’ Ninth Circuit Answering Brief (Nov. 16, 2012)
Date Filed: 11/29/2012
Affiliate: Southern California
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11/27/2012
FOIA data on long-term immigration detention (2011) - Request 1
Date Filed: 11/27/2012
Affiliate: Southern California
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11/27/2012
Brief of amicus curiae International Law Professors and Human Rights Clinics and Clinicians (Nov. 21, 2012)
Date Filed: 11/27/2012
Affiliate: Southern California
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11/27/2012
Brief of amicus curiae 26 Professors and Researchers of Sociology, Criminology, Anthropology, and Law (Nov. 26, 2012)
Date Filed: 11/27/2012
Affiliate: Southern California
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11/21/2012
FOIA data on long-term immigration detention (2011) - Letter
Date Filed: 11/21/2012
Affiliate: Southern California
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11/21/2012
FOIA data on long-term immigration detention (2011) - Request 4
Date Filed: 11/21/2012
Affiliate: Southern California
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11/21/2012
FOIA data on long-term immigration detention (2011) - Request 3
Date Filed: 11/21/2012
Affiliate: Southern California
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10/28/2015
Rodriguez, et al. v. Robbins, et al.-Ninth Circuit Decision
Date Filed: 10/28/2015
Affiliate: Southern California
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10/01/2014
Rodriguez, et al. v. Robbins, et al. - Amicus Brief
Date Filed: 10/01/2014
Affiliate: Southern California
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09/14/2012
Rodriguez v. Hayes - California District Court Order for Preliminary Injunction
Date Filed: 09/14/2012
Affiliate: Southern California
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09/14/2012
Rodriguez v. Hayes - Petitioners' Memorandum in Support of Motion for Preliminary Injunction
Date Filed: 09/14/2012
Affiliate: Southern California
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09/12/2008
Rodriguez v. Hayes, et al. - Appellant's Opening Brief
Date Filed: 09/12/2008
Affiliate: Southern California
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08/20/2009
Rodriguez v. Hayes, et al. - Opinion
Date Filed: 08/20/2009
Affiliate: Southern California
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08/07/2013
Rodriguez, et al. v. Robbins, et al. - Order on Motion for Summary Judgment
Date Filed: 08/07/2013
Affiliate: Southern California
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05/16/2007
Garcia, et al. v. Hayes, et al. - Habeas Petition
Date Filed: 05/16/2007
Affiliate: Southern California
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02/12/2013
Rodriguez, et al. v. Robbins, et al. - Petitioners' Motion for Summary Judgment or Summary Adjudication
Date Filed: 02/12/2013
Affiliate: Southern California
Press Releases
ÀÏ°ÄÃÅ¿ª½±½á¹û Comment on Immigration Bond Hearing Ruling
Federal Court Rules Class Action Lawsuit Challenging Prolonged Detention Of Immigrants Can Go Forward