After Being Detained Five Years Without Bond Hearing, Immigrant To Get Day In Court
A long-time lawful permanent resident fighting deportation will finally get a bond hearing after being held in immigration detention for five and a half years. Late Friday, a district court ordered that the government must provide Errol Barrington Scarlett with a hearing within 60 days before an immigration judge where the government must demonstrate that he poses sufficient danger or flight risk to warrant his continued detention. In his request for a bond hearing, Scarlett was represented by the American Civil Liberties Union, the New York Civil Liberties Union (NYCLU) and pro bono by Seyfarth, Shaw LLP.
The ACLU and NYCLU lawsuit, filed in U.S. District Court of the Western District of New York against the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), charged that Scarlett’s prolonged immigration detention without a bond hearing violates the Immigration and Nationality Act (INA) and the right to due process under the U.S. Constitution.