Hector V. v. Pamela Bondi, Attorney General; Kristi Noem, U.S. Department of Homeland Security; Todd M. Lyons, Acting Director of Immigration and Customs Enforcement; David Easterwood, Acting Director, St. Paul Field Office, Immigration and Customs Enforcement

Summary

The United States District Court for the District of Minnesota grants Hector V.'s petition for a writ of habeas corpus challenging his immigration detention. The court holds that he is subject to discretionary detention under 8 U.S.C. § 1226 rather than mandatory detention under 8 U.S.C. § 1225(b)(2), and orders respondents to provide a bond hearing within seven days or release him. The court also enjoins his removal or transfer before the bond hearing and orders the return of seized identification and employment authorization documents upon release.

Holdings

1. Hector V. was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2); because he was already in the United States, his detention was governed, if at all, by the discretionary detention provisions of 8 U.S.C. § 1226.
2. Hector V.'s pending asylum application did not alter the conclusion that he was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2).

Questions Presented

1. Whether Hector V. was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or discretionary detention with access to a bond hearing under 8 U.S.C. § 1226.
2. Whether the pendency of Hector V.'s asylum application required a different detention classification.

Disposition

granted