In Gordon v. Johnson, the ACLU and its partners obtained a class action ruling making some 150 Massachusetts detainees a year eligible for individual bond hearings. Rather than being held in “mandatory” immigration detention, without a bond hearing, these noncitizens may now obtain their release if an immigration judge concludes that they do not pose a danger or flight risk. Since May 2014, the federal district court’s ruling has allowed more than 100 noncitizens to be released from mandatory detention and remain with their families while their immigration cases are resolved.
Counsel for plaintiffs include the ACLU of Massachusetts, ACLU Immigrants' Rights Project, and the Political Asylum / Immigration Representation Project.
photo credit: Paul Shoul
New Plaintiffs in CaseFebruary 10, 2015
The court granted MR. Gordon's petition for habeas and he was released on bond. Case then got new plaintiffs, Ferreira, Lawes, and Vu and all had bond set. Added plaintif Restrepo in 2015 and filed MSJ. Class cert was granted on March 27th, 2014, plaintiff Restrepo got bond hearing, and Def's MTD was dismissed. Defendents appealed class cert order and summary judgment order. Appeals being held in abeyance pending en banc hearing in Castaneda/Gordon.