Johnson v. Arteaga-Martinez
Issues
Does an alien have the right to a bond hearing, at which the government must prove that the detainee is dangerous or a flight risk, after being held in custody for six months?
This case asks the Supreme Court to determine whether, under the Immigration and Nationality Act, the government must prove to an immigration judge by clear and convincing evidence, that an alien who has been detained for six months is a flight risk or dangerous to the community. In 2018, U.S. Immigration and Customs Enforcement agents detained Antonio Arteaga-Martinez, a native and citizen of Mexico, who had illegally entered the United States in September 2012. The parties differ on whether 8 U.S.C. § 1231 requires a bond hearing after six months of detention, or whether the Department of Homeland Security needs to prove that an alien is a flight risk or danger to the community. The government, represented by Tae Johnson, maintains that neither are required based on the plain meaning of the statute. Further, Johnson claims that current Immigration and Customs Enforcement policies satisfy due process requirements, citing mechanisms such as required hearings, review processes, and access to attorneys. In response, Arteaga-Martinez argues that a bond hearing is required after six months of detention, and that the Department of Homeland Security must then prove that the immigrant is a flight risk or a danger to the community. Mr. Arteaga-Martinez adds that due process is not met by the government’s scheme. This case has important implications for immigrant rights and the administration of immigration law.
Questions as Framed for the Court by the Parties
Whether an alien who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the alien is a flight risk or a danger to the community.
Respondent Antonio Arteaga-Martinez (“Arteaga-Martinez”) is a native and citizen of Mexico. Brief for Petitioner, Tae D. Johnson at 6. Arteaga-Martinez entered the United States four times over the past twenty years. Id. He first came to the United States in February 2000, and, after being stopped at the border, voluntarily returned to Mexico. Id.
Additional Resources
- Karolina Walters, Here Are the Immigration Cases Before the Supreme Court This Term, Immigration Impact (Nov. 18, 2021)
- Colin Kalmbacher, Supreme Court to Decide Case That Opens Door for Government to Potentially Detain Immigrants Indefinitely, Law & Crime (Aug. 23, 2021)