CERT TALK: Is Prolonged Immigration Detention Without Bond Legal?


The United States Supreme Court has granted certiori in Jennings v. Rodriguez to decide whether noncitizens with pending immigration cases can be held without bond when the detention lasts six months and, if not, whether the government has the burden of proof in the bond hearings. 

Rebecca Sharpless

While all circuits that have decided the issue agree that prolonged immigration detention becomes unlawful at some point, they are split on specific questions, including whether detention becomes unlawfully prolonged at the six-month mark. 

Professor Rebecca Sharpless will discuss the constitutional and statutory principles behind the U.S. Supreme Court’s jurisprudence on civil immigration detention, including the Court’s decisions in the landmark cases Shaughnessy v. Mezei (1953), Zadvydas v. Davis (2001), Demore v. Kim (2003), and Clark v. Martinez (2005), on Wednesday, November 9 at 12:30 p.m. at the University of Miami School of Law. The law school is located at 1311 Miller Drive, on the Coral Gables campus, the lecture will take place in the Faculty Meeting Room on the fourth floor of the Law Library. 

Sharpless joined the faculty in the fall of 2009 and directs the Immigration Clinic and teaches immigration law. She researches and writes in the areas of progressive lawyering, feminist theory, and the intersection of immigration and criminal law. She is a board member of the South Florida Chapter of the American Immigration Lawyers Association as well as a longstanding board member of the National Immigration Project of the National Lawyers Guild .

Immediately before joining the School of Law's faculty, Sharpless was a Visiting Clinical Professor of Law at Florida International University's College of Law, where she taught in-house clinics in the areas of immigration and human rights and a doctrinal course on immigration law. From 1996 to 2007, she was a supervising attorney at Americans for Immigrant Justice (formerly Florida Immigrant Advocacy Center), where she engaged in extensive litigation on behalf of low-income immigrants as lead counsel in cases before the United States Courts of Appeals and United States District Courts as well as in immigration court and before the Board of Immigration Appeals.



CONTACT: Catharine Skipp at 305-773-5801 or cskipp@law.miami.edu