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hearinglease

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Shokeh v. Thompson

Facts

Claiming Jordanian nationality, Shokeh was admitted to the United States as a conditional resident. After the INS issued a Notice to Appear charging him as removable, he was taken into custody and denied bond. Following a series of hearings, he was ordered deported, but the INS was unable to procure travel documents, leading to continued detention. Shokeh filed a habeas petition challenging the bond condition for his release, which the district court denied.

Issue

Whether the imposition of a $5000 bond as a condition of Shokeh's release was permissible and reasonable under the circumstances.

Rule

The court held that the amount of a bond imposed must be reasonable and appropriate in the circumstances, as established in Zadvydas v. Davis, which interpreted 8 U.S.C. 1231.

Analysis

The court applied the rule by examining whether the bond amount was reasonable given Shokeh's circumstances. It noted that the bond's effect of preventing release due to inability to pay could lead to potentially permanent detention, which was deemed presumptively unreasonable.

Conclusion

The court reversed the district court's judgment and remanded the case for further findings on the reasonableness of the bond.

Who won?

Shokeh prevailed in the case because the court found that the bond condition imposed was presumptively unreasonable, necessitating further review.

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