Santiago Felipe Felipe v. Derrick Stamper, et al.

Summary

The United States District Court for the District of Maine grants Santiago Felipe Felipe’s petition for a writ of habeas corpus challenging his continued immigration detention. The court orders Respondents to provide a bond hearing before an immigration judge within seven days, subject to release conditions and the burden prescribed by First Circuit precedent. The court also enjoins removal during that period, except as necessary for a bond hearing, and dismisses the motion for a temporary restraining order as moot.

Holdings

1. A federal district court may review the lawfulness of immigration detention under 28 U.S.C. § 2241 when the petition challenges detention itself rather than the underlying removal proceedings.
2. Petitioner was entitled to habeas relief conditioned on a prompt bond hearing before an immigration judge; Respondents could continue detention only if they held the hearing within seven days and satisfied the applicable First Circuit burden for continued detention.

Questions Presented

1. Whether the District Court had jurisdiction under 28 U.S.C. § 2241 to review Petitioner's immigration detention without reaching the validity of the underlying removal proceedings.
2. Whether Petitioner was entitled to habeas relief requiring a prompt bond hearing because his continued mandatory detention was unlawful under applicable local precedent and the circumstances of his detention.

Disposition

writ_granted