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Miranda v. Barr — and What It May Mean for Future Immigration Hearings
Picture a courtroom TV drama where a judge decides if a person accused of committing a crime is going to have bail set and for how much. The government lawyer argues for a million dollars or some other outrageous amount and offers reasons in support of the high amount; the defense attorney assures the judge the person is an upstanding member of society and would never flee. The government’s burden is to convince the court the bail is necessary, and if the reason is not convincing enough, the government’s request fails. The court’s job is to consider the person’s ability to pay and whether requiring money is necessary to reduce…