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Shokeh v. Thompson.

U.S. Appeals Court

ALIEN

BOND

Shokeh v. Thompson, 369 F.3d 865 (5th Cir. 2004). An alien who was a lawful permanent resident became the subject of a final order of removal. The Immigration and Naturalization Service (INS) authorized him to be released from custody under an order of supervision and upon posting of a $5,000 bond. The alien filed a petition for a writ of habeas corpus, which the district courtdenied. The alien appealed, and the appeals court reversed and remanded. The appeals court held that it was permissible to condition the alien's release upon the posting of a bond but that the bond had to be reasonable and appropriate under the circumstances, which required it to be low enough for the alien to be able to meet it. The court held that a bond that had the effect of preventing an alien's release because of inability to pay and that results in potentially permanent detention, is presumptively unreasonable. (U.S. District Court, Western District of Louisiana)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U7LA
Date:Aug 1, 2004
Words:170
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