[20210712]LSB10620_约翰逊诉查韦斯：被恢复驱逐令的外国人可被拘留而无需举行保释听证会.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Johnson v. Chavez: Aliens with Reinstated Removal Orders May Be Detained Without Bond Hearings July 12, 2021 Certain non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act) who unlawfully reenter the United States after being removed are subject to a “reinstatement of removal” process, which generally requires their prompt removal without a hearing. If the alien with a reinstated removal order shows a reasonable fear of persecution or torture in the country of removal, however, he or she may pursue protection from removal in “withholding-only” proceedings. In Johnson v. Chavez the Supreme Court recently construed provisions of the Immigration and Nationality Act (INA) as authorizing the detention without bond of aliens with reinstated removal orders pending the outcome of their withholding-only proceedings. The Court reversed a decision by the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruling that aliens placed in withholding-only proceedings are entitled to bond hearings under the discretionary detention provisions of INA 236(a). The Su