Adrian Velasquez Gonzalez v. Baltazar

Summary

The United States District Court for the District of Colorado granted Adrian Velasquez Gonzalez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that his detention was governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2), and ordered respondents to provide a bond hearing within seven days. The court declined to reach the petitioner’s substantive due process claim.

Holdings

1. Petitioner's detention was governed by 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b)(2)(A).
2. Because petitioner was detained under § 1226(a) and had not received a bond hearing, his detention violated § 1226(a), and respondents were required to provide a bond hearing.
3. The court did not reach the substantive due process claim because it granted the requested relief on the statutory detention claim.

Questions Presented

1. Whether petitioner's detention is governed by 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a).
2. Whether petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).
3. Whether the court needed to reach petitioner's substantive due process claim after granting relief on the statutory claim.

Disposition

writ_granted