Kevin Oswaldo Correia Betancourt v. Antone Moniz, Superintendent, Plymouth County Correctional Facility, et al.

Summary

The United States District Court for the District of Massachusetts granted a habeas petition filed by a Venezuelan national detained by immigration authorities after previously being paroled into the United States. The court held that detention without a bond hearing violated the petitioner's Fifth Amendment due process rights and ordered that he receive a bond hearing or that respondents advise the court if an immigration judge declined to conduct one. The court also required respondents to file a status report.

Holdings

1. A person who was released into the United States on immigration parole acquired a valuable liberty interest in remaining out of immigration custody, and that interest is protected by the Fifth Amendment's Due Process Clause.
2. On the record presented, Petitioner's detention without a bond hearing violated due process, and he was entitled to a bond hearing as an appropriate and minimally invasive procedure.

Questions Presented

1. Whether Petitioner's detention without an individualized bond hearing violated his Fifth Amendment due-process rights after he had previously been released on immigration parole.
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a), including based on his asserted membership in the class certified in Guerrero Orellana v. Moniz.

Disposition

granted