Gustavo Marques Bezerra v. Pamela Bondi, et al.

Summary

The United States District Court for the District of New Jersey granted Gustavo Marques Bezerra’s habeas petition challenging his detention without a bond hearing. The court held that 8 U.S.C. § 1225(b) did not apply to his circumstances and ordered the Government to provide a bond hearing before an immigration judge under 8 U.S.C. § 1226(a) within seven days.

Holdings

1. Section 1225(b)(2) does not apply to an alien who entered and remained in the United States for an extended period without inspection or apprehension before being taken into custody.
2. Because Petitioner was not subject to detention under § 1225(b), his detention arose under § 1226(a), and he was entitled to a statutorily proper bond hearing before an immigration judge.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2) authorizes detention without a bond hearing of an alien who entered the United States without inspection or admission but remained in the country for an extended period before being arrested.
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted