The Ninth Circuit has determined that asylum seekers who enter without inspection and pass their credible fear interviews are constitutionally entitled to a bond hearing, despite the Attorney General’s decision in Matter of M-S-. The court affirmed the District Court’s injunctive relief requiring bond hearings, noting the harm caused the class members due to “substandard physical conditions [in detention centers], low standards of medical care, lack of access to attorneys and evidence as Plaintiffs prepare their cases, separation from their families, and retraumatization of a population already found to have legitimate circumstances of victimization.”
The court remanded for further factfinding by the District Court to support its order requiring a bond hearing to take place within 7 days of the asylum seeker requesting the hearing, as well as other procedural protections related to burden of proof and recording of the hearings.
The full text of Padilla v. ICE can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/03/27/19-35565.pdf