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In detention for more than 6 months?


The Second Circuit affirmed the judgment of the District Court for the Southern District of New York, holding that, in order to avoid the constitutional concerns raised by indefinite detention, an immigrant detained pursuant to INA §236(c) must be afforded a bond hearing before an Immigration Judge within six months of his or her detention. Following the Ninth Circuit, the court also held that the detainee must be admitted to bail unless the government establishes by clear and convincing evidence that the immigrant poses a risk of flight or a risk of danger to the community.

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