Vijendra K. Singh v Holder

In Casas-Castrillon v. Department of Homeland Security, 535 F.3d 942 (9th Cir.2008), we held that aliens facing prolonged detention while their petitions for review of their removal orders are pending are entitled to a bond hearing before a neutral immigration judge. In this appeal we address certain procedures that must be followed in those hearings to comport with due process. We hold as an initial matter that a federal district court has habeas jurisdiction under 28 U.S.C. § 2241 to review Casas bond hearing determinations for constitutional claims and legal error. See Demore v. Kim, 538 U.S. 510, 516-17 , 123 S.Ct. 1708 , 155 L.Ed.2d 724 (2003). We also hold that, given the substantial liberty interests at stake in Casas hearings, the government must prove by clear and convincing evidence that continued detention is justified. We further hold that the immigration court is required to make a contemporaneous record of Casas hearings and that an audio recording would suffice.

Background

Vijendra Singh is a native and citizen of Fiji who was admitted to the United States in 1979 on a visitor visa. He became a lawful permanent resident in 1981. He has been married to…