Walter Melara Martinez v. Christopher LaRose

Summary

The Sixth Circuit held that 8 U.S.C. § 1231(a), not § 1226(a), provides the statutory authority for detaining aliens in withholding-only proceedings, meaning such aliens are not entitled to bond hearings. The court also held that the petitioner's continued detention did not violate due process under Zadvydas v. Davis because his removal was reasonably foreseeable given the pending immigration proceedings. The decision joins the Third and Ninth Circuits in a split with the Second and Fourth Circuits on the statutory interpretation issue.

Holdings

1. Section 1231(a) provides the authority for detaining aliens in withholding-only proceedings, such that they are not entitled to a bond hearing under the regulations.
2. Because Melara's removal is reasonably foreseeable, his continued detention does not violate due process at this time under the Zadvydas framework.

Questions Presented

1. Whether aliens in withholding-only proceedings are detained under 8 U.S.C. § 1226(a) or § 1231(a), entitling them to a bond hearing.
2. Whether continued detention without a bond hearing violates due process under Zadvydas v. Davis.

Disposition

affirmed