Lawsuit: Charlotte Immigration Judges Won't Conduct Bond Hearings | News
News
INDY Week's news blog

Archives | RSS

Thursday, January 18, 2018

Lawsuit: Charlotte Immigration Judges Won't Conduct Bond Hearings

Posted by on Thu, Jan 18, 2018 at 4:53 PM

Three Charlotte immigration court judges are routinely denying bond hearings to people in Department of Homeland Security custody, two immigrant rights groups claim in a federal lawsuit filed yesterday.

The suit, filed by the American Immigration Council and Capital Area Immigrants’ Rights Coalition, asks that the judges be made to conduct bond hearings, and that their past decisions not to be vacated.

Among the defendants named are Charlotte judges Stuart Couch, Barry Pettinato and Theresa Holmes-Simmons and Attorney General Jeff Sessions.

When a person is taken into Department of Homeland Security custody, the agency determines if the detainee should be released on bond, or some other condition. In most cases the person is entitled to a bond hearing in which that determination would be reviewed by a judge, who will consider whether the detainee is a flight risk or a danger to the public.

But, the lawsuit says, three of Charlotte’s four immigration judges regularly do not conduct bond hearings if the person detained has been transferred out of the Carolinas, saying they lack jurisdiction. Couch and Pettinato, the groups claim, “rubber stamp bond orders with an actual stamp.”

The lawsuit says this forces detainees to file a new bonding hearing request after they are transferred, prolonging their incarceration and incurring legal costs.

“Noncitizens – including longtime lawful permanent residents and asylum seekers – can and do remain needlessly detained for additional weeks without a bond hearing until they finally have an opportunity to appear before a different immigration judge in another immigration court,” the suit says. “This protracted incarceration is not justified and is wholly violative of the government’s statutory, regulatory and constitutional obligation to conduct bond hearings as expeditiously as possible after depriving someone of their liberty.”

The Charlotte immigration court hears cases from North and South Carolina and has gained a reputation as one of the tougher immigration courts in the country for its judges’ high denial rates of asylum cases.

Pin It

Comments

Subscribe to this thread:

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

Perhaps the appeal will succeed, but judges are usually reluctant to interfere with another judge's discretion to run a courtroom …

by ct on Raleigh Immigration Attorney Gets $2,510 Fine for Texting in Court (News)

Wow. This article and the pronouncements by the city council are so staggeringly contrary to reality it would be commical. …

by Craig Stump on City Council Calls on Durham to “Resist Bigotry,” Recommit to Inclusive Values Ahead of Jordan Peterson's DPAC Show (News)

Most Recent Comments

Perhaps the appeal will succeed, but judges are usually reluctant to interfere with another judge's discretion to run a courtroom …

by ct on Raleigh Immigration Attorney Gets $2,510 Fine for Texting in Court (News)

Wow. This article and the pronouncements by the city council are so staggeringly contrary to reality it would be commical. …

by Craig Stump on City Council Calls on Durham to “Resist Bigotry,” Recommit to Inclusive Values Ahead of Jordan Peterson's DPAC Show (News)

Prosecuting this attorney is a misuse of government resources at a minimum, and at a maximum is retaliatory prosecution that …

by Toni Maschler on Raleigh Immigration Attorney Gets $2,510 Fine for Texting in Court (News)

This is something I've never liked. Judges have far too much power in the legal system, which was never the …

by Timothy Oswald on Raleigh Immigration Attorney Gets $2,510 Fine for Texting in Court (News)

#1. it isn't reported in this article. Was Mr. de la Rosa a legal resident?
#2. I know attacking ICE …

by Timothy Oswald on A Raleigh Man Died of an Apparent Suicide While in Solitary Confinement at a For-Profit Immigration Prison in Georgia (News)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation