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ImmIGRATION AUGUST 06, 2021 | The Indian Eye 39

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the Ninth Circuit. Mr. Ra- tinez v. LaRose, similarly held and examined whether non- spite recent efforts to abolish *Guest author Sophia Geno-
fael Guerrero-Sanchez had that noncitizens in withhold- citizens in withholding-only the use of the dehumanizing vese is a Pro Bono Supervising
reentered the United States ing-only proceedings are de- proceedings are entitled to a term. The Court, in rejecting Attorney at Catholic Charities
after having previously been tained pursuant to §1231(a). bond hearing before the im- Simply go to your App Store or Play Store
the arguments of counsel for Community Services, Arch-
ordered removed, passed 968 F. 3d at 557. The peti- migration court. the noncitizens, found that diocese of New York. Sophia
his RFI, and was placed into tioner in this case, Mr. Walter Justice Alito writing on withholding-only proceed- trains and mentors pro bono
withholding-only proceed- Martinez, had been previous- behalf of the conservative ings only address whether the volunteer attorneys in their rep-
ings. Having been denied a ly deported in 2008. Upon majority ultimately agreed noncitizen is to be removed resentation of immigrants in
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bond hearing, Mr. Guerre- return to El Salvador, he was with the Third, Sixth, and to a particular country, and removal proceedings. Sophia
ro-Sanchez filed a petition brutally beaten by the MS- Ninth Circuits, holding that not from the United States, also represents detained and
for writ of habeas corpus. 13 gang and the police who the detention of noncitizens concluding that the reinstat- non-detained immigrants in
The district court held that worked with the gang. He fled in withholding-only proceed- ed removal order remains seeking release and relief before
his detention was governed to the United States again, ings is governed by 8 U.S.C. § final throughout these pro- the immigration courts. Sophia
by §1226(a) and ordered his passed his RFI, and was held 1231(a), noncitizens in with- ceedings. Guzman Chavez, previously worked as an Asso-
release after nearly two years in immigration detention for holding-only proceedings are 594 U.S. at 11. The Court ciate at Cyrus D. Mehta & Part-
in ICE custody. 905 F.3d at two years. Mr. Martinez filed not entitled to a bond hear- acknowledges that although ners PLLC, where she gained
210. On appeal, the govern- a petition for writ of habeas ing, and that the reinstated very few individuals are ever critical insights into immigra-
ment argued that Mr. Guer- corpus, arguing that his pro- removal orders are admin- Login|Register with your eMail then
removed to a third country, tion law.
rero-Sanchez was detained longed detention had violat- istratively final. Notably, the this reality does not negate (This blog is for
pursuant to §1231(a), and not ed his due process rights and Court refers to noncitizens the fact that withholding-on- informational purposes and
entitled to a bond hearing. In requesting that he be given an as “aliens” an astonishing ly proceedings are country should not be viewed as a sub-
response, Mr. Guerrero-San- individualized bond hearing. 214 times in its decision, de- specific. Id. stitute for legal advice).
chez argued that he was de- Id. His habeas petition was _________________________________________________________________________________________________
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tained pursuant to §1226(a) dismissed, where the district Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
and was entitled to a bond court held that §1226(a) does
hearing; and also, even if de- not apply to his detention, Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
tained pursuant to §1231(a), and under § 1231(a), “his due Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
he was still entitled to a bond process claims fail because his Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
hearing given his prolonged removal is reasonably fore- Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
detention. Id. at 211. The seeable.” Id. at 558. The Sixth tion; board member of Volunteers for Legal Services and board member of New York Immigration
Court ultimately held that Circuit upheld the decision Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
§1231(a) governed Mr. Guer- and declined to adopt a simi- Council and former chair of the Committee on Immigration and Nationality Law of the New
You can click www.indialife.tv
rero-Sanchez’s detention, that lar six-month test as had been York City Bar Association. He is a frequent speaker and writer on various immigration-related
his reinstated removal order done in Guerrero-Sanchez v. issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
was administratively final, and Warden York County Prison. he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
“that §1231(a)(6) affords a Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
bond hearing after prolonged
detention [after six months] JoHnson v. guzman Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
to any [noncitizen] who falls cHavez in the immigration field. He has also received two AILA Presidential Commendations in 2010
on your browser and watch IndiaLife TV 24 Hours
within the ambit of that pro- The Supreme Court in and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
vision.” Id. Johnson v. Guzman Chavez Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
The Sixth Circuit in Mar- addressed the circuit split Chambers Global 2019 in immigration law, among other rankings.

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