Edgar Cleofas v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey granted Edgar Cleofas Pedro’s habeas petition challenging his mandatory immigration detention under 8 U.S.C. § 1225(b)(2). The court held that, based on the petitioner’s presence in the United States when arrested, his detention was authorized under the discretionary detention provision of 8 U.S.C. § 1226(a), not § 1225(b)(2). The court ordered respondents to provide an individualized bond hearing within seven days and then close the case.

Holdings

1. Because Petitioner was present in the United States when apprehended and was not affirmatively seeking admission, his detention was authorized by 8 U.S.C. § 1226(a), not by the mandatory-detention provision of § 1225(b)(2).
2. Respondents must provide Petitioner with an individualized bond hearing before an immigration judge to assess whether he presents a flight risk or danger to the community.

Questions Presented

1. Whether Petitioner's detention was authorized by the mandatory-detention provision of 8 U.S.C. § 1225(b)(2) or instead by the discretionary-detention provision of 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to an individualized bond hearing before an immigration judge.

Disposition

granted