N.A.M. v. Noem

Summary

The United States District Court for the District of Minnesota granted N.A.M.’s petition for a writ of habeas corpus. The court held that the petitioner’s detention was governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2), and ordered respondents to provide a bond hearing within seven days or release him. The court also granted the petitioner’s motion to proceed under a pseudonym and enjoined removal or transfer before the bond hearing.

Holdings

1. The Court possesses jurisdiction over N.A.M.'s habeas petition.
2. Because N.A.M. was arrested while already present in the United States and was charged as present without being admitted or paroled, his detention was governed by 8 U.S.C. § 1226, not 8 U.S.C. § 1225(b)(2).
3. N.A.M. was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Questions Presented

1. Whether the Court had jurisdiction over N.A.M.'s habeas petition challenging his immigration detention.
2. Whether N.A.M.'s detention was governed by 8 U.S.C. § 1225(b)(2), which would require mandatory detention, or by 8 U.S.C. § 1226(a), under which he was entitled to a bond hearing.
3. Whether the Court should order a bond hearing and enjoin Petitioner's removal or transfer pending that hearing.

Disposition

writ_granted