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Keywords

tortstatuteappealhearinghabeas corpusburden of proof
tortstatutehearingtestimonyleaseregulationtreatyasylum

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U.S. v. Martinez

Facts

Antonio Arteaga-Martinez, a Mexican citizen, had entered the United States without inspection multiple times and was detained by ICE in May 2018 after living and working in the U.S. for nearly six years. He applied for withholding of removal due to a credible fear of persecution or torture if returned to Mexico. After being detained for four months without a bond hearing, he filed a petition for a writ of habeas corpus challenging his detention. The Third Circuit ruled that he was entitled to a bond hearing, which the Government appealed.

Arteaga-Martinez applied for withholding of removal under r31(b)(3), as well as relief under regulations implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U. N. T. S. 113. The Department of Homeland Security (DHS) referred Arteaga-Martinez to an asylum officer, who found that Arteaga-Martinezs testimony was credible and that he had established a reasonable fear of persecution or torture. As a result, DHS referred Arteaga-Martinezs claims for adjudication by an immigration judge in what we have called 'withholding-only proceedings.'

Issue

Whether r31(a)(6) requires the Government to provide bond hearings before immigration judges after six months of detention, with the burden on the Government to prove by clear and convincing evidence that a noncitizen poses a flight risk or a danger to the community.

The question presented is whether r31(a)(6) requires bond hearings before immigration judges after six months of detention in which the Government bears the burden of proving by clear and convincing evidence that a noncitizen poses a flight risk or a danger to the community.

Rule

The Court held that the text of r31(a)(6) does not require bond hearings after six months of detention, nor does it impose a burden of proof on the Government regarding flight risk or danger to the community.

Section 1231(a)(6) provides that certain noncitizens who have been ordered removed 'may be detained beyond the removal period and, if released, shall be subject to [certain] terms of supervision.' This text, which does not address or 'even [*581] hin[t]' at the requirements imposed below, directs that we answer this question in the negative.

Analysis

The Court analyzed the statutory text of r31(a)(6) and concluded that it does not explicitly require bond hearings or specify the burden of proof. The Court emphasized that the canon of constitutional avoidance applies only when a statute has more than one plausible construction, which was not the case here. The Court found that the Government has discretion to provide bond hearings but is not mandated to do so by the statute.

The Jennings Court emphasized that the canon of constitutional avoidance [***134] is only applicable where a statute has 'more than one plausible construction.' Id. , at ___, 138 S. Ct. 830, 842, 200 L. Ed. 2d 122 . Here, there is no plausible construction of the text of r31(a)(6) that requires the Government to provide bond hearings before immigration judges after six months of detention, with the Government bearing the burden of proving by clear and convincing evidence that a detained noncitizen poses a flight risk or a danger to the community.

Conclusion

The Supreme Court reversed the judgment of the Third Circuit and remanded the case for further proceedings, affirming that the Government is not required to provide bond hearings under r31(a)(6).

The Supreme Court reversed the judgment of the Third Circuit and remanded the case for further proceedings, affirming that the Government is not required to provide bond hearings under r31(a)(6).

Who won?

The United States Government prevailed in the case because the Supreme Court determined that the statutory text of r31(a)(6) does not require bond hearings for noncitizens detained for six months.

The United States Government prevailed in the case because the Supreme Court determined that the statutory text of r31(a)(6) does not require bond hearings for noncitizens detained for six months.

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