Elias C. v. Bondi

Summary

The United States District Court for the District of Minnesota grants Elias C.’s habeas petition challenging his classification as subject to mandatory detention under 8 U.S.C. § 1225(b)(2). The court holds that, because Elias had lived in the United States for more than two years, his detention falls under the discretionary detention provisions of 8 U.S.C. § 1226 and he is entitled to a bond hearing. Respondents are enjoined from denying him a bond hearing on the basis that § 1225(b)(2) applies.

Holdings

1. Because Elias had been living in the United States for more than two years, his detention fell under 8 U.S.C. § 1226 rather than 8 U.S.C. § 1225(b)(2).
2. Elias was entitled to a bond hearing under 8 U.S.C. § 1226(a)(2)(A), and respondents could not deny him a hearing on the ground that § 1225(b)(2) applied.
3. The jurisdiction-stripping provisions of 8 U.S.C. § 1252(a)(5), (b)(9), and (g) did not bar review of the narrow question whether Elias was subject to discretionary detention under § 1226 or mandatory detention under § 1225(b)(2).

Questions Presented

1. Whether Elias C. was properly classified as subject to mandatory detention under 8 U.S.C. § 1225(b)(2), rather than discretionary detention under 8 U.S.C. § 1226.
2. Whether Elias was entitled to a bond hearing under 8 U.S.C. § 1226(a)(2)(A).
3. Whether the court had jurisdiction under 28 U.S.C. § 2241 to review the narrow statutory detention-classification question despite the jurisdiction-stripping provisions of 8 U.S.C. § 1252.

Disposition

writ_granted