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Keywords

hearingparoledue processasylumvisaliens
hearingdue processliens

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Lett v. Decker

Facts

Keston Lett, a native of Trinidad and Tobago, arrived at JFK Airport on October 16, 2017, seeking admission on a non-immigrant visa. Upon inspection, he was found with cocaine in his luggage and was subsequently paroled into the U.S. for criminal prosecution. After being indicted, he was taken into ICE custody on December 19, 2017, and placed in removal proceedings. Lett filed for asylum and faced multiple adjournments in his immigration hearings, leading to nearly ten months of detention without a bond hearing.

Petitioner, a native of Trinidad and Tobago, arrived at John F. Kennedy International Airport on October 16, 2017. Upon inspection, officers found approximately 4.7 pounds of cocaine in Petitioner's luggage. On December 19, 2017, Petitioner was taken into ICE custody and placed in removal proceedings.

Issue

Whether Keston Lett's prolonged detention under 8 U.S.C. 1225(b) without an individualized custody determination hearing violates the Due Process Clause of the Fifth Amendment.

Petitioner argues that his prolonged detention under 1225(b) without an individualized custody determination hearing violates the Due Process Clause of the Fifth Amendment.

Rule

The court applied the principle that while Section 1225(b) does not impose a limit on the length of detention, due process rights may require a bond hearing if detention becomes unreasonable.

Notably, 'Section 1225(b) itself contains no limitation on the length of an individual's detention,' Perez v. Decker, No. 18 Civ. 5279 (VEC), 2018 U.S. Dist. LEXIS 141768, 2018 WL 3991497, at *2 (S.D.N.Y. Aug. 20, 2018), and the Supreme Court recently held that aliens detained pursuant to Section 1225(b) are not statutorily entitled to periodic bond hearings, Jennings v. Rodriguez, 138 S.Ct. 830, 845, 200 L. Ed. 2d 122 (2018).

Analysis

The court analyzed the circumstances of Lett's prolonged detention and the delays in his immigration proceedings. It noted that while the government argued that arriving aliens have limited constitutional protections, the court found that Lett's Due Process rights were violated due to the unreasonable length of his detention without a bond hearing.

Given the particular circumstances presented here, namely Petitioner's prolonged detention and the immigration court's responsibility for continued delays, the Court finds that Petitioner's continued detention without a bond hearing has become unreasonable.

Conclusion

The court granted Lett's petition in part, ruling that he is entitled to an individualized bond hearing where the government must justify his continued detention.

Therefore, the Court finds that Petitioner's Due Process rights require that he be afforded an individualized bond hearing during which the Government must prove by clear and convincing evidence that his continued detention is justified.

Who won?

Keston Lett prevailed in part because the court recognized his Due Process rights were violated due to prolonged detention without a bond hearing.

Keston Lett prevailed in part because the court found that Petitioner's Due Process rights require that he be afforded an individualized bond hearing.

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