Igor Borbot v. Warden Hudson County Correctional Facility

Summary

The Third Circuit held that an alien detained under 8 U.S.C. § 1226(a) pending removal proceedings is not entitled to a second bond hearing with the government bearing the burden of proof based solely on the duration of detention, where the alien received a prompt initial bond hearing and an opportunity for a redetermination hearing upon showing changed circumstances. The court distinguished its prior holdings in *Diop* and *Chavez-Alvarez*, which required bond hearings for prolonged mandatory detention under § 1226(c) because those detainees lacked any initial bond hearing. The court also noted that *Jennings v. Rodriguez* overruled the statutory reasonableness limitation for § 1226(c) but did not address the constitutional due process issue. The dissent argued that the Interpol Red Notice underlying the detention may have been politically motivated, warranting a new hearing.

Holdings

1. Duration alone cannot sustain a due process challenge by a detainee who has been afforded the process contemplated by § 1226(a) and its implementing regulations. The reasonableness inquiry from § 1226(c) cases (Diop, Chavez-Alvarez) does not apply to § 1226(a) detentions where the detainee has received a bond hearing.

Questions Presented

1. Whether a detainee held under 8 U.S.C. § 1226(a) is entitled to a new bond hearing with the government bearing the burden of proof based solely on the duration of detention, after having received the process contemplated by § 1226(a) and its regulations.

Disposition

affirmed