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Keywords

hearingburden of proofdue processasylum
hearingburden of proofdue processasylum

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Doe v. Tompkins

Facts

John Doe, an eighteen-year-old undocumented alien from El Salvador, has been in ICE custody since August 20, 2018, while his asylum claim is pending. He has a pending charge for assault and battery and is suspected of being affiliated with the MS-13 gang. At his custody redetermination hearing, the immigration judge found that Doe did not prove he was not dangerous, leading to his continued detention.

John Doe, an eighteen-year-old undocumented alien from El Salvador, has been in ICE custody since August 20, 2018, while his asylum claim is pending. He has a pending charge for assault and battery and is suspected of being affiliated with the MS-13 gang. At his custody redetermination hearing, the immigration judge found that Doe did not prove he was not dangerous, leading to his continued detention.

Issue

Whether the immigration judge's allocation of the burden of proof at Doe's custody redetermination hearing violated the Due Process Clause.

Whether the immigration judge's allocation of the burden of proof at Doe's custody redetermination hearing violated the Due Process Clause.

Rule

Due process requires that the Government bear the burden to prove an alien's dangerousness or flight risk at a 1226(a) custody redetermination hearing.

Due process requires that the Government bear the burden to prove an alien's dangerousness or flight risk at a 1226(a) custody redetermination hearing.

Analysis

The court applied the rule by examining the implications of the burden of proof misallocation on Doe's case. It noted that the suppression of the victim's identification of Doe as the assailant significantly lowered the probative value of the pending charge against him. The court concluded that a proper allocation of the burden of proof could have affected the immigration judge's assessment of Doe's dangerousness.

The court applied the rule by examining the implications of the burden of proof misallocation on Doe's case. It noted that the suppression of the victim's identification of Doe as the assailant significantly lowered the probative value of the pending charge against him. The court concluded that a proper allocation of the burden of proof could have affected the immigration judge's assessment of Doe's dangerousness.

Conclusion

The court allowed Doe's habeas petition as to Count III and ordered a new custody redetermination hearing within seven days, requiring the immigration court to properly allocate the burden of proof.

The court allowed Doe's habeas petition as to Count III and ordered a new custody redetermination hearing within seven days, requiring the immigration court to properly allocate the burden of proof.

Who won?

John Doe prevailed in the case because the court found that the misallocation of the burden of proof at his custody redetermination hearing violated his due process rights.

John Doe prevailed in the case because the court found that the misallocation of the burden of proof at his custody redetermination hearing violated his due process rights.

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