Mamadou Kaly Bah v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey granted Mamadou Kaly Bah’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 and his motion for an order to show cause. The court held that detention under 8 U.S.C. § 1225(b)(2) was improper for a noncitizen arrested within the United States and ordered respondents to treat Bah as detained under § 1226(a) and provide an individualized bond hearing.

Holdings

1. Mandatory detention under 8 U.S.C. § 1225(b)(2) applies exclusively to encounters at or near the border and does not govern a noncitizen who was already present in the United States when arrested by immigration authorities.
2. Because Bah was unlawfully detained under § 1225(b)(2), respondents must treat him as detained under § 1226(a) and provide him with an individualized bond hearing before an immigration judge.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2) authorizes mandatory detention without a bond hearing for a noncitizen who was already present in the United States when immigration authorities arrested him.
2. Whether Bah must instead be treated as detained under 8 U.S.C. § 1226(a) and provided an individualized bond hearing.

Disposition

writ_granted