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