Lauro Vicente Marca Lemu v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey grants Lauro Vicente Marca Lemu’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that his detention following arrest in the United States is governed by 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A), because he was not seeking admission when arrested. The court orders respondents to provide him with a bond hearing.

Holdings

1. An alien who has been living in the United States for years and is arrested while not seeking admission from an examining immigration officer is not detained under 8 U.S.C. § 1225(b)(2)(A); the detention is governed by 8 U.S.C. § 1226(a).
2. Because Petitioner's detention was governed by 8 U.S.C. § 1226(a), he was entitled to a bond hearing under § 1226(a) and 8 C.F.R. § 236.1(d).

Questions Presented

1. Whether Petitioner's detention was governed by 8 U.S.C. § 1225(b)(2)(A), applicable to applicants for admission who are seeking admission and are not clearly entitled to be admitted, or by 8 U.S.C. § 1226(a), governing arrest and detention pending a decision on removal.
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(d).

Disposition

writ_granted