Sar Valeria Velasquez-Gomez v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey granted Sar Valeria Velasquez-Gomez’s petition for habeas corpus under 28 U.S.C. § 2241, holding that her detention was governed by 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2). The Court ordered the respondents to return her to New Jersey and provide an individualized bond hearing before an immigration judge. The Court also granted her motion to compel her return to New Jersey.

Holdings

1. Petitioner's detention was authorized by 8 U.S.C. § 1226(a), not § 1225(b)(2), because she had been residing in the United States and was arrested in the interior rather than while seeking admission at the border.
2. Because Petitioner was detained under § 1226(a), Respondents were required to provide her with an individualized bond hearing before an immigration judge to assess flight risk and danger to the community.
3. Respondents were ordered to return Petitioner to New Jersey within five days and to update the court regarding the scheduling and outcome of her bond hearing.

Questions Presented

1. Whether Petitioner, who had entered and resided in the United States and was arrested in the interior, was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or discretionary detention under 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to an individualized bond hearing under § 1226(a).
3. Whether Respondents had to return Petitioner to New Jersey after transferring her to out-of-state detention facilities.

Disposition

writ_granted