When an immigration judge denies bond based on a finding that a person is a danger to the community or a flight risk, what options remain to challenge that decision? As immigration detention expands and bond denials become increasingly common, federal court litigation is emerging as a critical tool to obtain judicial review of these determinations.
This practice advisory addresses federal habeas challenges to immigration judge bond denials based on danger and flight risk. Focusing on Ninth Circuit law, it explains when federal courts have jurisdiction to review these decisions, the applicable standards of review, and key arguments advocates can raise. The advisory also highlights recent district court decisions and provides strategic considerations for identifying and litigating viable challenges.