Reid v. Donelan
| Decision Date | 26 October 2021 |
| Docket Number | 19-1900,19-1787 |
| Court | U.S. Court of Appeals — First Circuit |
| Parties | MARK ANTHONY REID; ROBERT WILLIAMS, on behalf of himself and others similarly situated; LEO FELIX CHARLES, on behalf of himself and others similarly situated, Petitioners, Appellants/Cross-Appellees, v. CHRISTOPHER J. DONELAN, Sheriff, Franklin County, Massachusetts; LORI STREETER, Superintendent, Franklin County Jail & House of Correction; THOMAS M. HODGSON, Sheriff, Bristol County, Massachusetts; JOSEPH D. MCDONALD, JR., Sheriff, Plymouth County, Massachusetts; STEVEN W. TOMPKINS, Sheriff, Suffolk County, Massachusetts; ALEJANDRO MAYORKAS, Secretary of the Department of Homeland Security; DENIS C. RIORDAN, Director, Immigration and Customs Enforcement Boston Field Office; MERRICK B. GARLAND, Attorney General; JEAN KING, Acting Director of the Executive Office for Immigration Review; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; DAVID DUBOIS, Sheriff, Strafford County, New Hampshire; CHRISTOPHER BRACKETT, Superintendent, Strafford County House of Corrections; TAE D. JOHNSON, Acting Director, Immigration and Customs Enforcement, Respondents, Appellees/Cross-Appellants. |
The opinion...
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22 cases
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Dambrosio v. McDonald
...does not amount to an unconstitutional duration. Courts have regularly upheld significantly longer detentions of noncitizens, both during and after their removal proceedings. See Demore v. Kim, 538 U.S. 510, 531 (2003); see also
Reid v. Donelan, 17 F.4th 1, 12 (1st Cir. 2021); Jennings, 583 U.S. at 296; Zadvydas, U.S. at 701. Petitioner asserts that if his pending visa applications are considered by USCIS, then his detention could last for more than 40 months, which he contends... -
Alphonse v. Moniz
...rested on the absence of "any plaintiff possessing any current or imminent stake in the resolution of assorted issues addressed in the court's declaratory and injunctive relief," not on the substantive correctness of the proposed standard.
Id.Indeed, the court acknowledged the benefit of "clear standards for determining whether and when a section 1226(c) detainee need be released pending the conclusion of the detainee's removal proceedings" and suggested that such standardsand when a section 1226(c) detainee need be released pending the conclusion of the detainee's removal proceedings" and suggested that such standards might arise from "agency regulations" or "common law rules of precedential force." Id.In the Court's view, the Reid factors provide a reasonable framework to assess whether continued detention under 1226(c) is reasonable. The government urges the Court to look to "the individual circumstances of a noncitizen's case"Circuit vacated the District Court's order issuing declaratory and injunctive relief on behalf of a class of detainees held under § 1226, including the portion of the order that described and applied the Reid factors. Reid v. Donelan, 17 F.4th 1, 11 (1st Cir. 2021). The First Circuit's decision, however, rested on the absence of "any plaintiff possessing any current or imminent stake in the resolution of assorted issues addressed in the court's declaratory and... -
Alvarenga v. Moniz
...due a bond hearing, the court directs the Clerk to send this Order, along with the relevant pleadings in this case to the United States Immigration Court located in the John F. Kennedy Building, Boston, Massachusetts 02203. See Reid, 390 F.Supp.3d at 220, aff'd in part, vacated in part, remanded,
17 F.4th 1 (1st Cir. 2021)(“Once an alien's mandatory detention has unreasonably prolonged in violation of due process, he is entitled to a bond hearing before an immigration judge,... -
D.V.D. v. U.S. Dep't Of Homeland Sec.
...Guidance is sufficient, PI Opp. at 8, recognizes that it is possible to establish a baseline for all putative class members. The Court does not find that the claims here “hinge on the individual circumstances of each class member.”
Reid, 17 F.4th at 11. Rather, Defendants have a broad position, subject to class-wide challenge. In sum, Plaintiffs challenge a policy or practice that impacts all putative class members: failing to provide meaningful notice and opportunity to present a...
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