Munger Tolles Files Amicus Brief in Supreme Court Immigration Detention Case

Munger, Tolles & Olson filed an amicus brief in the U.S. Supreme Court on behalf of all five of the affiliates of Asian Americans Advancing Justice from around the country in the case, Jennings v. Rodriguez. These affiliates, located in Atlanta, Chicago, Los Angeles, San Francisco and Washington, DC, are all leading nonpartisan, nonprofit civil rights organizations who advocate for marginalized members of the Asian American, Native Hawaiian, Pacific Islander and other underserved communities.

The case concerns the due process rights of noncitizens subject to long-term detention. Specifically, the case presents the question of whether those noncitizens should be afforded basic bond and custody hearings when held for more than six months. The case is scheduled to be heard for argument on November 30, 2016.

The brief was filed on Oct. 24, 2016 in support of the Respondents, a class of noncitizen detainees. The Advancing Justice brief provides a historical perspective to the Court, explaining that the plenary power doctrine, which is at the core of the Government’s argument in the case, emerged from serious racist animus aimed at Asian and Pacific Islander immigrants. This includes the tarnished legal precedent that allowed Chinese exclusion and Japanese American internment. Given this history, the brief argues that the Court should pause before extending the doctrine to apply to the question at issue in this case.   

Read the full brief here.

The Munger Tolles attorneys involved in the matter are Anjan Choudhury, John F. Muller, David J. Feder, Joon S. Hur, and Sarah S. Lee.