Filed Date: Feb. 20, 2009
Closed Date: 2010
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When an alien has been detained by the Department of Homeland Security ("DHS"), an obligor may post a $1,500 cash bond to secure the alien's release. The obligor signs an agreement with DHS, agreeing to be responsible for informing DHS of the alien's whereabouts and to ensure the alien's appearance at subsequent interviews, hearings, and, if necessary, for deportation. The obligor further agrees that DHS may send notice to the obligor at the address specified in the bond agreement. DHS notifies the bond obligor of a demand on the bond by mailing notice to the obligor at the address listed in the bond agreement by certified mail return receipt requested. If the notice is returned as undeliverable for any reason, DHS immediately declares the bond breached. DHS sends notice of the breach to the same address. DHS does not attempt to resend notice of the bond demand to the obligor by any other means. The bonded alien eventually receives notice of the bond demand directly from DHS.
Plaintiffs filed habeas corpus suits against the District Director for Interior Enforcement and DHS, and the United States Attorney General, in the U.S. District Court for the Southern District of Texas, McAllen Division. Plaintiffs asserted that their due process rights were violated when DHS failed to make additional attempts at service after it had knowledge that the initial attempt at notice failed. The Court certified four classes with claims, one "Supervision Class," and three "Cash Bond Classes": the "Obligor Cash Bond Class," "Immigrant Cash Bond Class A," and "Immigrant Cash Bond Class B."
On August 23, 2010, the District Court ordered that Plaintiffs' Motion for Summary Judgment is granted in part and denied in part, and Defendants' Cross-Motion for Summary Judgment is also granted in part and denied in part. More specifically, Plaintiffs' Motion is denied with respect to the claims of the Supervision Class; Plaintiffs' Motion is granted with respect to the claims of the Obligor Cash Bond Class; The Immigrant Cash Bond Class A is decertified, and Plaintiffs' Motion is granted with respect to the claims of the Immigrant Cash Bond Class B.
Defendants appealed the case to the Fifth Circuit with regard to two of the classes, the Obligor Cash Bond Class and the Immigration Cash Bond Class B. On May 11, 2011, in a published opinion, the Court of Appeals affirmed the District Court's decision. The Court of Appeals find that DHS violated the bond obligor's due process rights when it failed to take additional reasonable steps to notify the obligors of the bond demand after the initial notice was returned as undeliverable before it collected on the bond.
Summary Authors
Xin Chen (5/30/2011)
Zamora-Garcia v. Moore, Southern District of Texas (2005)
Crane, Randy (Texas)
DeMoss, Harold R. Jr. (Texas)
Brodyaga, Lisa S. (Texas)
Benavides, Reno Carlo (Texas)
Guerra, David Louis (Texas)
Crane, Randy (Texas)
DeMoss, Harold R. Jr. (Texas)
Last updated March 27, 2024, 3:24 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: Feb. 20, 2009
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are four classes certified by the court, one “Supervision Class" and three “Cash Bond Classes”--the “Obligor Cash Bond Class,” “Immigrant Cash Bond Class A,” and “Immigrant Cash Bond Class B."
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
District Director for Interior Enforcement, Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Immigration/Border: