Jennings v. Rodriguez: Brief of Amici Curiae Human Rights First and International Law Scholars William Aceves, Denise Gilman, Guy S. Goodwin-Gill, James C. Hathaway, Manfred Nowak, Sarah Paoletti, Nigel Rodley, and Martin Scheinin in Support of Respondents

Authors

James C. Hathaway, University of Michigan Law SchoolFollow

Document Type

Brief

Publication Date

10-24-2016

Abstract

Human Rights First is a non-governmental organization established in 1978 that works to ensure U.S. leadership on human rights globally and compliance domestically with this country's human rights commitments. Human Rights First operates one of the largest programs for pro bono legal representation of refugees, working in partnership with volunteer lawyers at leading law firms to provide legal representation without charge to thousands of indigent asylum applicants, including some detained in immigration detention facilities across the United States. Human Rights First has conducted research, issued reports and provided recommendations to the United States Government regarding compliance with its legal obligations under international law with respect to its use of immigration detention.

This amicus brief addresses the obligation of U.S. courts to construe federal statutes, including the Immigration and Nationality Act (INA), in a manner consistent with the nation's obligations under binding treaties and customary international law. This has been an established canon of statutory construction since Murray v. The Schooner Charming Betsy, 6 U.S. (2 Cranch) 64 (1804). Applying that canon here, this Court should avoid an interpretation of the INA that allows for prolonged detention without an individualized determination by a court, independent of the detaining authorities and capable of ordering release, that detention is reasonable, necessary and proportionate under the facts of the particular case.

Comments

Amicus: Human Rights First; Aceves, Professor William; Gilman, Professor Denise; Goodwin-Gill, Professor Guy S.; Hathaway, Professor James C.; Nowak, Professor Manfred; Paoletti, Professor Sarah; Rodley, Professor Nigel; Scheinin, Professor Martin

Recommended Citation

Hathaway, James C., "Jennings v. Rodriguez: Brief of Amici Curiae Human Rights First and International Law Scholars William Aceves, Denise Gilman, Guy S. Goodwin-Gill, James C. Hathaway, Manfred Nowak, Sarah Paoletti, Nigel Rodley, and Martin Scheinin in Support of Respondents" (2016). Appellate Briefs. 100.
https://repository.law.umich.edu/briefs/100