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BDS IN THE NEWS: LAWFUL RESIDENT WINS BOND HEARING AFTER 6 MONTHS IN “UNREASONABLE” DETENTION

Attorney Bridget Phillips Kessler speaks with Univision about her case.

“Six months detention without an opportunity to be heard raises serious constitutional questions,” Judge Hellerstein wrote. “Araujo-Cortes’ continuing detention has become unreasonable.”

The judge gave authorities one week to provide Araujo-Cortes with a bond hearing, where it will need to show that he is either a risk of flight or dangerous in order to continue the detention.

Bridget Phillips Kessler, an attorney with Brooklyn Defender Services who represented Araujo-Cortes on the habeas petition, said it is far more difficult for an individual to prepare his or her case when incarcerated.

“It’s a wonderful decision for our client, and we are glad he will have an opportunity to have a judge determine his risk of flight and dangerousness so he can hopefully obtain a reasonable bond and rejoin his family while he fights his immigration case,” Kessler said.

 

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