Padilla-Ramirez v. Bible

Summary

The Ninth Circuit held that an alien detained while pursuing withholding-only proceedings after reinstatement of a prior removal order is detained under 8 U.S.C. § 1231(a), rather than 8 U.S.C. § 1226(a). Because the reinstated removal order remained administratively final, the alien was not entitled to an initial bond hearing under 8 C.F.R. § 236.1. The court affirmed the denial of the habeas petition and acknowledged a circuit split with the Second Circuit.

Holdings

1. An alien subject to a reinstated removal order is detained pursuant to 8 U.S.C. § 1231(a), not § 1226(a), while withholding-only proceedings are pending.
2. Because Padilla-Ramirez was detained under § 1231(a), he was not entitled to the initial bond hearing authorized by 8 C.F.R. § 236.1(d)(1), which applies to detention under § 1226(a).
3. Ortiz-Alfaro v. Holder and Ayala v. Sessions do not require treating a reinstated removal order as nonfinal for detention purposes because those decisions addressed finality for judicial-review purposes and were principally driven by constitutional-avoidance concerns.

Questions Presented

1. Whether an alien subject to a reinstated removal order is detained under 8 U.S.C. § 1226(a) or 8 U.S.C. § 1231(a) while withholding-only proceedings are pending.
2. Whether the alien is entitled to an initial bond hearing under 8 C.F.R. § 236.1(d)(1) during those withholding-only proceedings.
3. Whether the Ninth Circuit's prior decisions concerning finality for judicial-review purposes required treating the reinstated removal order as nonfinal for detention purposes.

Disposition

affirmed