“[W]hy would Congress want to deny a bond hearing to individuals who reasonably fear persecution or torture, and who, as a result, face proceedings that may last for many months or years (while their withholding-only proceedings wend their way toward completion)? I can find no satisfactory answer to this question.”

A seemingly perplexed Justice Stephen Breyer wrote this (and was predictably joined in bewilderment by the Court’s two other liberal justices, Sotomayor and Kagan) in his June 29 dissenting opinion in Johnson v. Guzman Chavez, the recent case in which the majority found that, in layman’s terms, deported aliens who re-enter the U.S. illegally are not entitled to a bond hearing while they await their current adjudication. Read Full Story

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