Guerra v. Shanahan

Summary

The Second Circuit affirmed an order granting Deyli Noe Guerra’s habeas petition and requiring an individual bond hearing before an immigration judge. The court held that an alien subject to a reinstated removal order remains detained under 8 U.S.C. § 1226(a), rather than § 1231(a), while withholding-only proceedings are pending. The court concluded that Guerra’s removal order was not administratively final during those proceedings and that he was therefore entitled to a bond hearing.

Holdings

1. A reinstated removal order is not administratively final during the pendency of withholding-only proceedings because those proceedings determine whether the alien will actually be removed.
2. Because Guerra's detention was authorized by 8 U.S.C. § 1226(a), he was entitled to an individual bond hearing before an immigration judge.
3. Chevron and Auer deference did not apply because the regulations cited by the government did not resolve which statutory provision authorized detention during withholding-only proceedings.

Questions Presented

1. Whether a reinstated removal order is administratively final, for purposes of detention under 8 U.S.C. § 1231(a), while withholding-only proceedings remain pending.
2. Whether Guerra's detention during the pendency of withholding-only proceedings was governed by 8 U.S.C. § 1226(a), thereby entitling him to an individual bond hearing before an immigration judge.
3. Whether the regulations cited by the government warranted Chevron or Auer deference concerning the statutory authority for Guerra's detention.

Disposition

affirmed