Ever Alexander Sanabria Aguilar v. Antone Moniz, et al.

Summary

The court granted Ever Alexander Sanabria Aguilar’s habeas petition and held that his immigration detention was governed by 8 U.S.C. § 1226 rather than § 1225. The court ordered that he receive a bond hearing by December 2, 2025, or that the respondents notify the court if an immigration judge declined to conduct the hearing based on Matter of Yajure Hurtado.

Holdings

1. Because nothing in the record indicated that Petitioner was detained under § 1225, and because he had previously entered and resided in the United States for more than twenty years, his detention was governed by 8 U.S.C. § 1226.
2. Petitioner was entitled to a bond hearing pursuant to 8 U.S.C. § 1226, and any immigration-judge decision to continue detention after the hearing had to state the reasons for continued custody.

Questions Presented

1. Whether Petitioner’s immigration detention was governed by 8 U.S.C. § 1226 rather than 8 U.S.C. § 1225.
2. Whether Petitioner was entitled to a prompt, individualized bond hearing under 8 U.S.C. § 1226.

Disposition

writ_granted