Jose Luis Merchan Correa v. Derrick Stamper, et al.

Summary

The United States District Court for the District of Maine granted Jose Luis Merchan Correa’s petition for a writ of habeas corpus challenging his continued immigration detention. The court ordered Respondents to provide a bond hearing before an immigration judge within seven days, or release Correa subject to the conditions of his prior release order, and enjoined removal during that period except to facilitate the hearing.

Holdings

1. The district court had jurisdiction under § 2241 because the petition challenged the lawfulness of Correa's detention and did not challenge the underlying removal proceedings.
2. Correa was entitled to habeas relief conditioned on a prompt bond hearing before an immigration judge.
3. If respondents continued detaining Correa, they were required to provide a bond hearing before an immigration judge within seven days; if no hearing was timely scheduled, Correa had to be released subject to the conditions of his prior Order of Release and Recognizance.

Questions Presented

1. Whether the district court had jurisdiction under 28 U.S.C. § 2241 to review Correa's immigration detention without reviewing the underlying removal proceedings.
2. Whether Correa's continued detention required an opportunity for a bond hearing before an immigration judge.
3. What relief was appropriate if the government continued to detain Correa pending his removal proceedings.

Disposition

granted