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Colorado law Denying Bail to Criminal Aliens Unconstitutional

A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies individualized consideration of whether each alien is a flight risk and a threat to the community's safety.

Federal courts retain jurisdiction under the federal habeas statute and the Suspension Clause to review aliens' claims of constitutional violation, notwithstanding the broad language of AEDPA suggesting otherwise. See: Martinez v. Greene, 28 F.Supp.2d 1275 (D.Colo. 1998).

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Related legal case

Martinez v. Greene