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On Monday morning, the Supreme Court added two new immigration cases to its 2021-22 semester file and approved two petitions submitted by the federal government.The relatively rare Midsummer increase is as part of the court List of regularly scheduled summer orders, Which also includes a series of routine orders (among other things) to divide the debate time and handle procedural motions in upcoming substantive cases.

The judge approved the review Johnson v Arteaga-Martinez with Garland v GonzalezBoth cases involve non-citizens who have been ordered to be deported but claim that they are entitled to “temporary detention” protection-a form of humanitarian relief in which non-citizens cannot be deported back to their home countries because they may be tortured or persecuted there . Non-citizens argue that after more than six months of immigration detention waiting for their withholding claims to be resolved, they have the right to hold a hearing before an immigration judge to determine whether they can be released on bail. Two federal appeals courts agreed with non-citizens.

The Supreme Court in 2018 Jennings v. Rodriguez Different provisions of the federal immigration law do not give non-citizens in long-term detention the right to regular hearings; the federal government now argues that the same is true for immigration laws in these cases.The judge also asked all parties to Gonzalez Briefly introduce the second question: whether lower courts have the power to order the government to provide individual hearings for a class of non-citizens in similar situations after six months of detention.

The judges are scheduled to issue another set of summer orders on Friday, September 10.

This article is Originally published in Howe on the Court.