Marcos Efrain Castro Pu v. Blanche

Summary

The United States District Court for the District of Colorado granted Marcos Efrain Castro Pu’s petition for habeas corpus under 28 U.S.C. § 2241 to the extent it sought a bond hearing. The court held that he was entitled to a hearing under 8 U.S.C. § 1226(a), with the Government bearing the burden of proving by clear and convincing evidence that continued detention was necessary.

Holdings

1. A noncitizen who has been living in the United States for many years and is not properly characterized as seeking admission is not subject to mandatory detention under 8 U.S.C. § 1225(b); the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a).
2. Because petitioner was unlawfully detained under the wrong statutory provision, the Government must prove by clear and convincing evidence at the § 1226(a) bond hearing that continued detention is necessary based on flight risk or danger to the community.

Questions Presented

1. Whether a noncitizen who has lived in the United States for many years and has not been admitted is subject to mandatory detention under 8 U.S.C. § 1225(b) or is instead entitled to seek a bond hearing under 8 U.S.C. § 1226(a).
2. Whether, at the § 1226(a) bond hearing, the Government bears the burden of proving by clear and convincing evidence that continued detention is necessary because of flight risk or danger to the community.

Disposition

writ_granted