Dairon Estiven Ochoa Yepes v. Ruben Leyva, et al.

Summary

The United States District Court for the District of Idaho grants Dairon Estiven Ochoa Yepes’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court concludes that his detention under the asserted mandatory-detention framework is unlawful and orders his immediate release. His motion for a temporary restraining order is denied as moot.

Holdings

1. DHS's position concerning the interaction between §§ 1226(a) and 1225(b)(2) and the related bond provisions was erroneous; Ochoa Yepes was not properly subject to continued mandatory detention on the asserted basis.
2. The petition for a writ of habeas corpus was granted, and Ochoa Yepes was ordered immediately released from custody.
3. The motion for a temporary restraining order was denied as moot.

Questions Presented

1. Whether DHS unlawfully detained Ochoa Yepes under the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A), rather than the applicable discretionary-detention and bond framework.
2. Whether Ochoa Yepes was entitled to immediate release from custody.
3. Whether the motion for a temporary restraining order remained necessary after the habeas petition was granted.

Disposition

writ_granted