"This advisory concerns the Ninth Circuits recent decision in Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011). Diouf is the latest in a series of Ninth Circuit decisions addressing whether the government may subject individuals to immigration detention for a prolonged period of time without a bond hearing where the government must show that continued detention is justified. Diouf extends the Ninth Circuits previous decision in Casas-Castrillon v. Department of Homeland Security, 535 F.3d 942 (9th Cir. 2008), which held that individuals initially subject to detention under 8 U.S.C. 1226(c) are entitled to bond hearings if their removal is stayed pending direct judicial review of their removal orders or their removal cases have been remanded for further administrative proceedings. As a result of Diouf, non-citizens who have been detained for six months or longer after entry of a final order of removal under 1231 are also now entitled to a bond hearing where the government bears the burden of justifying continued detention. Furthermore, under the reasoning of another Ninth Circuit decision, Vijendra Singh v. Holder, __ F.3d ___, 2011 WL 1 226379 (9th Cir. 2011), the government should be required to show by clear and convincing evidence that detention is necessary to prevent flight and danger."
http://www.aclu.org/files/assets/Diouf_Practice_Advisory.pdf