Jorge Pedroza Rodriguez v. Kristi Noem, et al.

Summary

The United States District Court for the District of Arizona granted Jorge Pedroza Rodriguez’s habeas petition challenging his immigration detention. The court ordered respondents to provide a bond redetermination hearing within seven days or release him, relying on both a related class judgment in Bautista v. Santacruz and its independent conclusion that his detention was governed by 8 U.S.C. § 1226 rather than § 1225.

Holdings

1. Petitioner's detention is governed by 8 U.S.C. § 1226, not § 1225(b)(2)(A).
2. Petitioner was entitled to be released from custody or provided a bond redetermination hearing within seven days.

Questions Presented

1. Whether petitioner was detained under 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A).
2. Whether petitioner was entitled to release or a bond redetermination hearing.

Disposition

writ_granted