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The Wall Street Journal: Supreme Court rejects ruling guaranteeing bail hearings for non-citizens

WASHINGTON — The Supreme Court on Tuesday threw out a lower-court decision affording bail hearings to thousands of noncitizens held in federal lockups while they appeal deportation orders.

Voting 5-3 along ideological lines, the justices found that the Ninth U.S. Circuit Court of Appeals had stretched the reading of federal immigration law when it ruled that the noncitizens are entitled to seek bail every six months.

The decision, by Justice Samuel Alito, didn’t completely end the case, however. It allows the San Francisco-based appellate court to consider whether the Constitution’s prohibition on arbitrary detention requires that the aliens have some opportunity to seek parole while their cases, which can take years to resolve, move through the courts.

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