Roselande Moise v. Kevin Joyce, et al.

Summary

The United States District Court for the District of Maine grants Roselande Moise’s petition for a writ of habeas corpus challenging her immigration detention. The court holds that 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b)(2), governs her detention and requires an individualized bond hearing. The court orders her release subject to prior release conditions pending a bond hearing within fourteen days and requires a subsequent status report.

Holdings

1. The court retained jurisdiction because Moise was physically present in the District of Maine when she filed her habeas petition.
2. Because DHS initially placed Moise in removal proceedings under § 1226(a), her later detention was governed by § 1226(a)'s discretionary-detention framework rather than § 1225(b)(2)'s mandatory-detention scheme.
3. Moise's continued detention without a bond hearing violated the Fifth Amendment Due Process Clause.
4. The court did not reach Moise's Fourth Amendment claim because resolution of her due process claim provided a sufficient basis for habeas relief.

Questions Presented

1. Whether the District of Maine retained jurisdiction over Moise's § 2241 habeas petition when she was physically present in the district at the time of filing.
2. Whether Moise's 2025 detention was governed by the mandatory-detention provision of 8 U.S.C. § 1225(b)(2) or the discretionary-detention provision of § 1226(a).
3. Whether detaining Moise without a bond hearing violated the Due Process Clause of the Fifth Amendment.
4. Whether Moise's Fourth Amendment claim required resolution.

Disposition

writ_granted