A recent decision by a district court finding that an individual’s due process rights were violated has been overturned by the Eighth Circuit Court. The individual was in federal custody for a year while waiting for the outcome of removal proceedings. The individual claimed the long detention violated their due process rights. However, federal law requires that noncitizens with certain criminal convictions be held in custody during these proceedings. The circuit court ruled that the length of detention does not violate due process.

The individual, a legal permanent resident in the U.S., was convicted of robbery after previous offenses like drug possession and theft. Removal proceedings began in March 2021 after the robbery conviction. The individual filed a complaint about the length of their detention, and the district court ordered a bond hearing. In April 2022, an immigration judge released the individual on bond.

However, in the circuit court’s review, a unanimous panel stated that, according to the U.S. Supreme Court, if deportation is possible, the individual must be held in custody without a time limit. The important issue is why they are being held, not how long.

If you have questions about removal processing or any other U.S. immigration issue, please contact us. Our team of experienced attorneys works directly with our clients every step of the way to ensure the best possible outcome.