Fulgencio B. v. Lyons

Summary

The United States District Court for the District of Minnesota grants Fulgencio B.'s petition for a writ of habeas corpus challenging his detention under 8 U.S.C. § 1225(b)(2). The court concludes that, because Fulgencio had lived in the United States for many years, he was not subject to mandatory detention under § 1225(b)(2), and that discretionary detention under § 1226(a) requires an arrest warrant. Because Respondents had not produced a warrant or identified another lawful basis for detention, the court orders his release within 48 hours.

Holdings

1. Because Fulgencio had been living in the United States for approximately 23 years and was not an applicant seeking admission, his detention fell under 8 U.S.C. § 1226 rather than mandatory detention under § 1225(b)(2).
2. An arrest warrant issued by the Attorney General is a necessary condition for discretionary detention under 8 U.S.C. § 1226(a); absent such a warrant, a noncitizen may not be arrested and detained under that provision.
3. Immediate release was an available and appropriate remedy because Respondents had not identified a valid statutory basis for Fulgencio's detention.

Questions Presented

1. Whether Fulgencio was improperly classified as subject to mandatory detention under 8 U.S.C. § 1225(b)(2) rather than discretionary detention under 8 U.S.C. § 1226(a).
2. Whether detention under § 1226(a) is lawful absent an arrest warrant issued by the Attorney General.
3. Whether immediate release, rather than a bond hearing or further proceedings, was the appropriate habeas remedy for detention lacking a lawful statutory predicate.

Disposition

granted