Juan Daniel Luna-Gonzalez v. Kristi Noem, et al.

Summary

The United States District Court for the District of Arizona grants Juan Daniel Luna-Gonzalez’s habeas petition in part, concluding that he is entitled to a bond hearing under 8 U.S.C. § 1226(a) rather than mandatory detention under § 1225(b). The court rejects the respondents’ interpretation of the Immigration and Nationality Act and follows the reasoning of a prior decision addressing similarly situated noncitizens. Respondents must provide a bond redetermination hearing within ten days or release the petitioner, and the remaining claims are denied as moot.

Holdings

1. A noncitizen in petitioner's circumstances—apprehended within the United States years after entering without admission or inspection, and not identified as subject to criminal mandatory detention under § 1226(c)—is detained under the discretionary detention framework of 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b).
2. Petitioner must receive a bond redetermination hearing under 8 U.S.C. § 1226(a), or be released from custody under the same conditions that existed before his detention.

Questions Presented

1. Whether a noncitizen who entered the United States years earlier without admission or inspection and was later apprehended within the country is subject to mandatory detention under 8 U.S.C. § 1225(b) or discretionary detention and a bond hearing under 8 U.S.C. § 1226(a).
2. Whether petitioner was entitled to a bond redetermination hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted