Genesis Abigail Ochoa Fonseca v. Kristi Noem, et al.

Summary

The United States District Court for the District of Maryland held that Genesis Abigail Ochoa Fonseca’s detention was governed by 8 U.S.C. § 1226(a), rather than the mandatory-detention provisions of § 1225. The court granted habeas relief in part and ordered that she receive a bond hearing before an immigration judge within 10 days, or be released from custody. The court denied her motion for a temporary restraining order.

Holdings

1. Petitioner was detained under 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225.
2. Because Petitioner was detained under § 1226(a), she was entitled to a bond hearing consistent with 8 C.F.R. §§ 236.1(d), 1003.19, and 1236.1(d).
3. The appropriate remedy was an order requiring Respondents to provide Petitioner with a bond hearing within 10 days; if no hearing occurred within that period, Respondents were required to release her from custody.
4. Petitioner's motion for a temporary restraining order was denied.

Questions Presented

1. Whether Petitioner's detention was governed by 8 U.S.C. § 1225, which provides for mandatory detention in specified circumstances, or 8 U.S.C. § 1226(a), which provides for discretionary detention during removal proceedings.
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).
3. What remedy was appropriate for Respondents' statutory violation.
4. Whether Petitioner was entitled to a temporary restraining order requiring immediate release.

Disposition

other