Kelvin Douglas Godinez-Juarez v. Kristi Noem, et al.

Summary

The District of Arizona granted Kelvin Douglas Godinez-Juarez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court ordered respondents to release him or provide a bond hearing within ten days, without regard to Matter of Yajure Hurtado, and required a notice of compliance.

Holdings

1. Petitioner was entitled to relief under § 2241; respondents had to release him immediately or provide a bond hearing within ten days.
2. The required bond hearing had to be provided without regard to Matter of Yajure Hurtado.

Questions Presented

1. Whether petitioner was entitled to habeas relief requiring his release or a bond hearing notwithstanding respondents' contention that he was an arriving alien subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A).
2. Whether the court should require that any bond hearing proceed without regard to Matter of Yajure Hurtado.

Disposition

granted