Episode description

Antonio Arteaga-Martinez is a native and citizen of Mexico who entered the United States without inspection. In May 2018, Immigration and Customs Enforcement (ICE) arrested and detained him and initiated removal proceedings. Arteaga-Martinez applied for withholding and deferral of removal based on fear of violence in Mexico. Six months after the start of his detention, he requested a bond hearing and challenged his continued detention without one.

The Court held that section 1231(a)(6) does not require the Government to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts joined along with Justices Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined as to Part 1. Justice Breyer filed an opinion concurring in part and dissenting in part.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/19-896