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"In the United States today, people are held in immigration detention for months and even years without getting their day in court. In Jennings v. Rodriguez, the Supreme Court has the opportunity to end this practice. ... Each year, hundreds of thousands of people undergo a complex administrative process to determine whether they will be deported or permitted to remain in the United States." Roughly half of all asylum seekers and noncitizens placed in removal proceedings are permitted to remain. (Citing TRAC data.) For removal cases that are not resolved quickly, it is not uncommon for administrative proceedings to last years, and for individuals to win their cases. ... in Jennings v. Rodriguez ... class members -- individuals who have been detained for at least 180 days while their removal proceedings remain pending -- spent an average of 404 days in detention pursuing their cases. Ninety-seven percent of 235(b) subclass members pursued asylum, and two thirds won. Seventy percent of 236(c) subclass members pursued applications for relief from removal that would avoid the entry of a removal order, and won their cases at a rate of more than five times higher than immigrant detainees generally." (Citing expert report findings from TRAC's co-director.)
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