Jose Miguel De Los Santos-Baez v. Derrick Stamper, et al.

Summary

The United States District Court for the District of Maine denied Jose Miguel De Los Santos-Baez’s petition for a writ of habeas corpus challenging his immigration detention and lifted the prior injunction. The court held that, because he had previously been removed and allegedly reentered the United States unlawfully, his detention was governed by 8 U.S.C. § 1231 rather than 8 U.S.C. § 1226(a), and was consistent with the Immigration and Nationality Act and the Due Process Clause.

Holdings

1. A federal district court may review under 28 U.S.C. § 2241 a claim that immigration detention is unlawful when the petitioner challenges detention rather than the underlying removal proceedings.
2. Release on bond under the Bail Reform Act in a related criminal case does not preclude otherwise lawful detention under the Immigration and Nationality Act.
3. Because Petitioner had illegally reentered the United States after a prior removal, his detention was governed by 8 U.S.C. § 1231 rather than 8 U.S.C. § 1226(a), and he was not entitled to release on bond under § 1226(a).
4. The Fifth Amendment does not categorically entitle a noncitizen facing removal to release on bond or parole, and Petitioner's detention was consistent with the Due Process Clause.

Questions Presented

1. Whether the District Court had habeas jurisdiction under 28 U.S.C. § 2241 to review the lawfulness of Petitioner's immigration detention.
2. Whether Petitioner's release on bond in the related criminal proceeding barred his subsequent detention under the Immigration and Nationality Act.
3. Whether Petitioner was entitled to a pre-removal bond hearing under 8 U.S.C. § 1226(a), or whether his detention was governed by 8 U.S.C. § 1231 because he had illegally reentered after a prior removal.

Disposition

denied