Legal Question in Immigration Law in Arizona

I hate to break it to you, but most immigration cases never reach the supreme court considering that illegal immigrants don't have all protections of the constitution of the United States considering that they are not United States citizens. Only certain constitutional rights apply to all people and immigrants do not get the same protections as U.S. citizens. So...I find the fact that an illegal immigrant would have a case at the supreme court highly unlikely.

Also..to have a case go to the supreme court...there must be an issue of constitutional rights giving the supreme court jurisdiction over the matter. Most immigration cases are only appealed at the circuit level and it is to evaluate the immigration board of appeals decisions. The first case starts with the immigration court..then it goes to the immigration board of appeal..and then to the appropriate circuit. In Arizona..that would be the 9th circuit. However...the appeal at the circuit level deals with abuse of discretion on the part of the board of appeals or immigration judge most times. It is extremely difficult to overrule a lower court's decision unless there is an abuse of discretion. The higher courts do not re evaluate the fact finding conclusion of a lower court judge ordinarily. I hope this helps.

Either way...an illegal alien would be released from jail via bond on the basis of a voluntary departure agreement. Other than that...there is not really a way for an illegal alien to be released from jail...especially if the case is on appeal and such release was not granted at the lower court level. If a release is not authorized prior to a higher appeal...it is ordinarily due to criminal violation or history as far as immigration goes and is highly unlikely to occur at the supreme court level...let alone the fact that the supreme court would not be adjudicating an immigration case in the first place. Sorry if I have burst your bubble.