Jennings v. Rodriguez – Ninth Circuit

The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention. In particular, the brief highlighted how the facts that led the Court to uphold “brief” and “limited” detention in Demore v. Kim were wrong at the time and that subsequent facts showed that mandatory detention was both prolonged and unnecessary. The brief also argues that Demore v. Kim was a departure from the Court’s Due Process precedent and should not be followed.