Foley Hoag, working with the American Civil Liberties Union and co-counsel, helped secure a ruling in the U.S. District Court for the District of Massachusetts requiring federal immigration authorities to provide at least 72 hours' notice before transferring certain detained noncitizens out of the First Circuit. The order protects individuals who have requested bond hearings, helping ensure they have a meaningful opportunity to pursue release from detention before being moved to jurisdictions where the availability of such hearings may differ.
The ruling follows a recent First Circuit decision affirming that noncitizens arrested and detained within the United States are entitled to seek bond hearings. In issuing the order, the court expressed concern that detainees could otherwise be transferred out of the circuit before receiving decisions on their bond requests, potentially undermining rights recognized under First Circuit law.
The Foley Hoag team includes Anthony Mirenda, Gilleun Kang, Hampton Dellinger, Spenser Angel, Daniel Zaleznik, Joshua Nacht, and Judy Gallant, who represent members of the certified class alongside co-counsel from the American Civil Liberties Union of Massachusetts, the American Civil Liberties Union, the American Civil Liberties Union of New Hampshire, the American Civil Liberties Union of Maine, the Harvard Immigration and Refugee Clinical Program, Araujo & Fisher LLC, and Anderson & Krieger LLP.