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Keywords

hearingburden of proofleaseparoledue processvisaliens

due processvisa

Related Cases

Senor v. Barr

Facts

Chanel Senor arrived in the United States in 1981 without a visa and was paroled for humanitarian reasons. He was later convicted of attempted criminal possession of cocaine and second-degree murder, leading to the termination of his immigration parole status in 1997. After being released from state incarceration in 2018, he was taken into custody by DHS, which sought to remove him to Haiti. Senor's detention lasted over nine months, during which he claimed his due process rights were violated due to the lack of a meaningful review of his detention.

Senor is a citizen of Haiti. On July 27, 1981, Senor arrived at a United States port of entry without a visa. In 1991, Senor was convicted of attempted criminal possession of cocaine in violation of New York State law. In 1994, Senor was convicted of second degree murder and sentenced to a term of imprisonment of twenty years to life.

Issue

Did the prolonged detention of Chanel Senor by DHS violate his due process rights under the Fifth Amendment and 8 U.S.C. 1231(a)(6)?

Rule

The Fifth Amendment's Due Process Clause prohibits the government from depriving any person of liberty without due process of law. Under 8 U.S.C. 1231(a)(6), the government must provide a bond hearing for aliens facing prolonged detention, allowing them to contest their detention.

The Fifth Amendment's Due Process Clause forbids the federal government from depriving any 'person . . . of . . . liberty . . . without due process of law.' U.S. Const. amend. V.

Analysis

The court found that while Senor had some opportunity to be heard during the custody-review process, the absence of a neutral decision maker and the requirement for Senor to carry the burden of proof raised serious questions about the constitutionality of the process. The court noted that prolonged detention without a robust hearing could violate due process rights, especially when the government must establish the grounds for detention by clear and convincing evidence.

But there are serious questions about whether that process was constitutionally sufficient. In many instances when the government deprives a person of only a property interest, 'an impartial decision maker is essential' to satisfy procedural due process. Goldberg v. Kelly, 397 U.S. 254, 271, 90 S. Ct. 1011, 25 L. Ed. 2d 287 (1970).

Conclusion

The court conditionally granted Senor's petition, agreeing that he was entitled to immediate relief regarding his procedural due process claim.

For the following reasons, this Court agrees that Senor is due immediate relief with respect to his procedural due process claim.

Who won?

Chanel Senor prevailed in part, as the court recognized his entitlement to immediate relief concerning his procedural due process claim.

Senor's petition is conditionally granted in part.

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