Updated:
December 23, 2015
Status:
Decided
Related Issues

Constitutional Principle

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.

In Castaneda v. Souza, a case that was consolidated for argument with Gordon, the ACLU successfully argued as amicus that the government had improperly subjected Leiticia Castaneda to detention without an individual bond hearing. The case resulted in Ms. Castaneda’s release.
 
Although a panel of the First Circuit upheld the legal basis for the district court’s rulings in these two cases, the full Court granted the government’s petition for rehearing en banc. On December 23, 2015 in a tied vote, the U.S. Court of Appeals for the First Circuit upheld the two district court decisions rejecting the government’s interpretation of the “mandatory” detention provision. The judgment allows approximately 100 immigrants with pending cases to remain with their families.
 

Counsel for plaintiffs include the ACLU of Massachusetts, ACLU Immigrants' Rights Project, and the Political Asylum / Immigration Representation Project.

 

photo credit:  Paul Shoul

Case Updates

New Plaintiffs in Case

February 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.

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