An article published by Massachusetts Lawyers Weekly reported that a victory secured in federal court by lawyers from Mintz and the American Civil Liberties Union is having a profound effect on the way bond hearings are conducted in deportation cases. The article included commentary from attorneys on the front lines in the Boston immigration court. One lawyer called the ruling a “breath of fresh air” and a “massive change in the law.”
The first-of-its-kind class action lawsuit, Pereira Brito v. Barr, was filed in June on behalf of immigrants who were jailed due to flawed detention hearings in which the detainee was required to bear the burden of proof as to not being a flight risk or a danger to the community. The government’s practice ran contrary to multiple federal court decisions holding that such a procedure is unlawful.
In November 2019, Chief U.S. District Judge Patti B. Saris ruled that the government’s practice of detaining certain immigrants by default violates both due process and the Administrative Procedure Act. View the full press release on this ruling here.
Massachusetts Lawyers Weekly