Emilio R. v. Pamela Jo Bondi

Summary

This Report and Recommendation addresses a 28 U.S.C. § 2241 habeas petition by a Mexican citizen detained by Immigration and Customs Enforcement. The petitioner sought a determination that his detention was discretionary under 8 U.S.C. § 1226(a), rather than mandatory under 8 U.S.C. § 1225(b)(2), and requested a bond hearing. The magistrate judge recommended granting the petition, ordering a bond hearing in Minnesota, requiring the petitioner’s return to Minnesota, and enjoining further transfer outside the state.

Holdings

1. The Report and Recommendation adopted the statutory analysis of Martin R. v. Noem and related decisions, concluding that Respondents' interpretation requiring mandatory detention under § 1225(b)(2) for noncitizens living in the United States who entered without inspection should be rejected. It therefore recommended treating Petitioner as entitled to a bond hearing under § 1226(a).
2. The court recommended granting the petition insofar as Respondents must provide Petitioner a bond hearing before an immigration judge in Minnesota within seven days after adoption of the Report and Recommendation, with immediate release if the hearing was not provided within that period.
3. The court recommended ordering Respondents to immediately return Petitioner to Minnesota and enjoining them from moving him outside Minnesota until further order of the court.

Questions Presented

1. Whether a noncitizen who allegedly entered the United States without inspection or parole, has lived in the country for more than 20 years, and was arrested by ICE in the interior is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or discretionary detention under 8 U.S.C. § 1226(a).
2. Whether Petitioner is entitled to a custody redetermination or bond hearing before an immigration judge.
3. Whether Respondents should be ordered to return Petitioner to Minnesota and restrained from transferring him outside Minnesota while the habeas petition is pending.

Disposition

writ_granted