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Originally published Thursday, August 20, 2009 at 5:43 PM

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Judge lets immigrant rights case proceed

A federal appeals court gave the green light Thursday to a class-action lawsuit brought by immigrant detainees who claim the government unfairly denied their right to a hearing.

The Associated Press

PASADENA, Calif. —

A federal appeals court gave the green light Thursday to a class-action lawsuit brought by immigrant detainees who claim the government unfairly denied their right to a hearing.

A three-judge panel on the 9th U.S. Circuit Court of Appeals ruled that an immigrant's case against Immigration and Customs Enforcement can go ahead as a class-action and should be heard by a federal court in Los Angeles.

Court papers state Mexican immigrant Alejandro Rodriguez was detained for several years without a bond hearing while appealing a deportation order.

The American Civil Liberties Union, which is representing the detainees, says immigrants should get a hearing within six months of their detention.

"It is just about people getting their day in court," said Ahilan Arulanantham, director of immigrants rights and national security for the ACLU of Southern California.

Arulanantham said dozens of immigrants in Southern California will be covered by the lawsuit.

Charles Miller, a spokesman for the Department of Justice in Washington, said the government was reviewing the court ruling.

Rodriguez had a green card when he was taken into immigration custody in 2004 after being convicted of drug possession, according to court filings.

The government sought to deport him because of the conviction and a prior conviction for car theft. Rodriguez appealed, and his case has been moving through the immigration and federal court system.

Arulanantham said the federal government released Rodriguez from custody after he filed a petition for writ of habeas corpus seeking class-action status in 2007.

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