Jose Perez Colixto v. Jeffrey Crawford, et al.

Summary

The court granted Jose Perez Colixto’s 28 U.S.C. § 2241 petition challenging his continued immigration detention without a bond hearing. It held that, because he was detained under 8 U.S.C. § 1226 rather than the mandatory-detention provisions of § 1225(b)(2)(A), he was entitled to a bond hearing before an Immigration Judge. The court ordered that the hearing occur within fourteen days and required Respondents to file a status report within three days after the hearing.

Holdings

1. Because Petitioner was not seeking initial admission and was an alien already in the country, his detention is governed by the discretionary detention provisions of 8 U.S.C. § 1226(a), not the mandatory-detention provision of § 1225(b)(2)(A).
2. Petitioner is entitled to a bond hearing before an Immigration Judge, and his continued detention without such a hearing is unlawful and violates due process.

Questions Presented

1. Whether Petitioner, a noncitizen who entered the United States without inspection but is detained under 8 U.S.C. § 1226, is entitled to a bond hearing under § 1226(a) rather than mandatory detention under 8 U.S.C. § 1225(b)(2)(A).
2. Whether Petitioner's continued detention without a bond hearing violates due process.

Disposition

writ_granted