[1] Amici state that no counsel for a party authored any part of this brief, and no person or entity other than amici and their counsel made a monetary contribution to the preparation or submission of this brief. Both petitioners and respondents have consented to the filing of this brief pursuant to Rule 37.3(a).

       [2] Of the nearly 200,000 immigration court cases completed in FY 2015, 53.6% of cases resulted in an outcome favorable to the noncitizen, including termination, administrative closure, or the grant of relief in the case. See Transactional Records Access Clearinghouse, Syracuse Univ., U.S. Deportation Outcomes by Charge, http://trac.syr.edu/phptools/immigration/court_backlog/deport_outcome_ charge.php. Immigration courts granted 48.3% of the over 17,000 asylum applications decided in FY 2015. Exec. Office for Immigration Review, U.S. Dep’t of Justice, Asylum Statistics FY 2011-2015 (2016), https://www.justice.gov/eoir/file/asylum-statistics/download.

       [3] See, e.g., Amnesty International, Jailed Without Justice: Immigration Detention in the USA (2009), http://www.amnestyusa.org/pdfs/JailedWithoutJustice.pdf; Nat’l Immigrant Justice Center, Heartland Alliance & Physicians for Human Rights, Invisible in Isolation: The Use of Segregation and Solitary Confinement in Immigrant Detention (2012), http://static.prisonpolicy.org/scans/Invisible.pdf; Human Rights First, Jails and Jumpsuits: Transforming the U.S. Immigration Detention System – A Two-Year Review (2011), http://www.humanrightsfirst.org/wp-content/uploads/pdf/HRF-Jails-and-Jumpsuits-report.pdf.

       [4] End ICE’s Overreliance on Unjust Immigration Detention, Nat’l Immigrant Just. Ctr., http://immigrantjustice.org/end-ices-overreliance-unjust-immigration-detention (providing breakdown of ICE detention centers at “List of Detention Centers (April 2016)”).

       [5] Memorandum from Sally Q. Yates, Deputy Att’y Gen., to the Acting Director, Bureau of Prisons, Reducing Our Use of Private Prisons (Aug. 18, 2016),  https://www.justice.gov/opa/file/886311/download.

       [6] See supra note 3 (listing reports describing conditions and consequences of immigration detention).

       [7] The facts of Mr. Joseph’s case are detailed in his habeas petition and declaration. See Petition for Writ of Habeas Corpus, Joseph v. Aviles, No. 2:07-cv-02392-JLL (D.N.J. May 11, 2007); Decl. of Warren Hilarion Joseph (on file with counsel).

       [8] The facts of Ms. Morataya’s case are detailed in a declaration by her attorney. See Decl. of Claudia Valenzuela, Esq. of the National Immigrant Justice Center (on file with counsel).

       [9] “Emmanual Boukari” is a pseudonym to protect Mr. Boukari’s identity in light of the persecution he has faced. The facts of Mr. Boukari’s case are detailed in a declaration by his attorney. See Decl. of Alexandra Goncalves-Pena, Esq. of American Friends Service Committee (on file with counsel).

       [10] See Point II.B, infra.

       [11] J.A. 71-73, tbls. 2 & 3.

       [12] J.A. 98, tbl. 28.

       [13] J.A. 95-96, 135, tbls. 23, 25-26, 38.

       [14] See New York Immigrant Family Unity Project, Bronx Defenders,  http://www.bronxdefenders.org/programs/new-york-immigrant-family-unity-project/.

       [15] See Vera Institute of Justice, Analysis of Lora Bond Data: New York Immigrant Family Unity Project (NYIFUP) 1 (Oct. 14, 2016),  http://www.law.nyu.edu/sites/default/files/upload_documents/Vera%20Institute_Lora%20Bond%20Analysis_Oct%20%202016.pdf.

       [16] Id.

       [17] Of the NYIFUP clients who received Lora bond hearings, 69% are lawful permanent residents, and at least 79% have a spouse and/or children in the U.S. See id. at 4. Lora bond hearing recipients have lived in the U.S. for an average of twenty-two years. Id. at 3. In Rodriguez, the Ninth Circuit similarly noted that many Rodriguez class members had significant ties to the community, including permanent residency and U.S. family members. See Rodriguez v. Robbins, 804 F.3d 1060, 1072 (9th Cir. 2015).

       [18] The facts of Mr. Giammarco’s story are detailed in Complaint, Giammarco v. Beers, No. 3:13-cv-01670-VLB (D. Conn. Nov. 12, 2013),  https://www.law.yale.edu/system/files/documents/pdf/Clinics/vlsc_giammarco_complaint.pdf. See also Decl. of Sharon Giammarco (on file with counsel).

       [19] “Juan Santos” is a pseudonym to protect Mr. Santos’s identity in light of his persecution-based claim. The facts of Mr. Santos’s case are detailed in a declaration by his attorney. See Decl. of Karen Winston, Esq. (on file with counsel).

       [20] “Brayan Fernandez” is a pseudonym to protect his family’s privacy. The facts of Mr. Fernandez’s case are detailed in a declaration by his attorney. See Decl. of Paige Austin, Esq. of the Bronx Defenders (on file with counsel).

       [21] The facts of Mr. Omargharib’s case are specified in Omargharib v. Holder, 775 F.3d 192 (4th Cir. 2014). See also Decl. of Steffanie Lewis, Esq. (on file with counsel).

       [22] “Lorenzo Carrillo” is a pseudonym to protect Mr. Carrillo’s privacy. The facts of Mr. Carrillo’s case are detailed in a declaration by his attorney. See Decl. of Holly Cooper, Esq. of the University of California Davis School of Law Immigration Law Clinic (on file with counsel).

       [23] The facts of Mr. Nadarajah’s case are described in Nadarajah v. Gonzales, 443 F.3d 1069 (9th Cir. 2006). See also Decl. of Ahilan Arulanatham, Esq. of the American Civil Liberties Union of Southern California (on file with counsel).

       [24] “Maria Alvarez” is a pseudonym to protect Mrs. Alvarez’s identity in light of her persecution-based claims. The facts of her case are detailed in a declaration by an attorney familiar with the case. See Decl. of Laura St. John, Esq. of the Florence Immigrant and Refugee Rights Project (on file with counsel).

       [25] The details of Mr. Placencia’s story are available in his Petition for Writ of Habeas Corpus, Placencia de la Rosa v. Shanahan, 16-cv-3301 (S.D.N.Y. May 3, 2016). See also Decl. of Lara Gaffar, Esq. of Make the Road New York (on file with counsel).

       [26] For example, in the same district where Mr. Placencia filed his habeas, numerous other lawful permanent residents have challenged their detention as “arriving aliens” in 2016 alone. See, e.g., Cardona v. Nalls-Castillo, 15-cv-9866, 2016 WL 1553430 (S.D.N.Y. Apr. 14, 2016); Perez v. Aviles, 15-cv-5089, 2016 WL 3017399 (S.D.N.Y. May 24, 2016); Arias v. Aviles, 15-cv-9248, 2016 WL 3906738 (S.D.N.Y. July 14, 2016); Chen v. Shanahan, 16-cv-841 (S.D.N.Y. Feb. 3, 2016); Thomas v. Shanahan, 16-cv-5401 (S.D.N.Y. July 7, 2016); Singh v. Shanahan, 16-cv-6142 (S.D.N.Y. Aug. 3, 2016); Ricketts v. Simonse, 16-cv-6662 (S.D.N.Y. Aug. 24, 2016).

       [27] “Horatio Gomez” is a pseudonym to protect Mr. Gomez’s privacy. The facts of Mr. Gomez’s case are detailed in a declaration by his attorney. See Decl. of Holly Cooper, Esq. of the University of California Davis School of Law Immigration Law Clinic (on file with counsel).

       [28] The methodology and data underlying these findings is detailed in Decl. of Anthony Enriquez, Esq., of the Immigrant Defense Project (on file with counsel).

       [29] The details of Mr. Thaxter’s case are specified in Thaxter v. Sabol, No. 1:14-CV-02413, 2016 WL 3077351 (M.D. Pa. June 1, 2016). See also Decl. of Daniel Conklin, Esq. (on file with counsel).

       [30] The facts of Mr. Hwang’s case are detailed in a declaration by his attorney. See Decl. of Stacy Tolchin, Esq. (on file with counsel).

       [31] The facts of Ms. Cervantes’s case are detailed in a declaration by her attorney. See Decl. of Luis Angel Reyes Savalza, Esq. of Pangea Legal Services (on file with counsel).

       [32] “Aba Dele” is a pseudonym to protect Ms. Dele’s privacy. The facts of Ms. Dele’s case are detailed in a declaration by her attorney. See Decl. of Alina Das, Esq. of the Immigrant Rights Clinic of Washington Square Legal Services (on file with counsel).

       [33] Details of Mr. Lora’s story are described in Lora v. Shanahan, 804 F.3d 601 (2d Cir. 2015). See also Decl. of Talia Peleg, Esq. of Brooklyn Defender Services (on file with counsel).

       [34] J.A. 526.

       [35] J.A. 528.

       [36] Vera Institute of Justice, supra n. 15, at 1.

       [37] Id.

       [38] Id.; J.A. 528.

       [39] The details of Mr. Owino’s case are described in Owino v. Holder, 771 F.3d 527 (9th Cir. 2014). See also Decl. of James Fife, Esq. (on file with counsel).