Henrikh Vardanyan v. Warden, Adelanto ICE Processing Center, et al.

Summary

The United States District Court for the Central District of California ordered respondents to show cause why the petitioner should not receive an immediate individualized bond hearing under 28 U.S.C. § 2241. The court found the petitioner similarly situated to other detained noncitizens who had received bond hearings and directed respondents either to verify that a hearing had occurred or was scheduled, or to file a supplemental answer or consent judgment. The court also ordered that the petitioner not be transferred out of the district while the case remained active.

Holdings

1. For purposes of the order to show cause, the court found petitioner similarly situated to noncitizens who had received expedited individualized bond-hearing relief in other cases in the district and found those decisions persuasive.

Questions Presented

1. Whether petitioner should receive an immediate individualized bond hearing under 28 U.S.C. § 2241 despite respondents' contention that immigration judges lack jurisdiction to conduct bond hearings for arriving aliens.
2. Whether respondents should be barred from transferring petitioner out of the Central District of California while the habeas action remains active.
3. Whether respondents should show cause why the petition should not be granted or provide written verification that petitioner received or was scheduled to receive a post-arrest or post-detention bond hearing.

Disposition

other