Two habeas corpus petitions granted in RI

Immigration judges denied bond without a legal basis to two men detained in Rhode Island. During a bond hearing, the immigration judge decides whether to release someone from ICE custody through a payment of $1,500 or more. Because RI is in the First Circuit (the federal judicial circuit covering the New England states), the immigration judge must grant a bond unless there is clear and convincing evidence that someone is a danger to the community OR a preponderance of the evidence shows a flight risk. Both of these evidentiary standards are legal standards - meaning the immigration judge must carefully weigh the evidence and make a decision based on the facts and the law. For these two individuals, the immigration judges did not follow the law, choosing instead to keep both men detained even though their criminal charges had been dismissed and other factors favored their release. Thanks in part to pro bono co-counsel, McCaffrey Immigration Law was successful in these two habeas corpus petitions in the U.S. district court of RI to win orders granting immediate release from ICE custody. Both individuals were able to return to their young children, families and jobs.