Marcio Andres Ruiz Perez v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey granted Marcio Andres Ruiz Perez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court held that his detention was governed by 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2), and ordered Respondents to provide an individualized bond hearing. The Court also denied without prejudice the pending motions to amend and for leave to appear pro hac vice and closed the case.

Holdings

1. A noncitizen arrested and detained within the interior of the United States who is not affirmatively seeking admission is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2); such detention is authorized under the discretionary authority of 8 U.S.C. § 1226(a).
2. Petitioner was entitled to an individualized bond hearing before an immigration judge under 8 U.S.C. § 1226(a), who must assess whether Petitioner presents a flight risk or danger to the community.

Questions Presented

1. Whether a noncitizen who was arrested within the interior of the United States, rather than while seeking admission or arriving at the border, may be held in mandatory detention under 8 U.S.C. § 1225(b)(2).
2. Whether Petitioner was entitled to be treated as detained under the discretionary detention authority of 8 U.S.C. § 1226(a) and receive an individualized bond hearing.

Disposition

writ_granted