Touray v. Hassell

Mamadou Touray, a Gambian asylum seeker, was detained by ICE for over a year without a bond hearing. Representing a class of similarly situated noncitizens held in Alabama, he sued federal officials, arguing that prolonged mandatory detention violates the Fifth Amendment's Due Process Clause and the Immigration and Nationality Act. On November 28, 2018, the U.S. District Court for the Northern District of Alabama granted class certification and issued a preliminary injunction. The court ordered the government to provide individualized bond hearings within specified timeframes for immigrants detained beyond six months, aiming to prevent indefinite civil detention.

The court granted class certification and a preliminary injunction, ordering the government to provide bond hearings to detained class members within prescribed deadlines.

Whether prolonged immigration detention exceeding six months without a bond hearing violates the Due Process Clause and requires a government obligation to conduct individualized custody redetermination hearings.

The ruling curtailed indefinite civil immigration detention within the Eleventh Circuit, reinforced due process protections for noncitizens, and influenced national policy debates and litigation strategies challenging mandatory detention without timely bond hearings.