Miguel Orellana-Torrez v. Todd Lyons, et al.

Summary

The United States District Court for the District of New Jersey holds that Miguel Orellana-Torrez was improperly treated as subject to mandatory detention under 8 U.S.C. § 1225(b)(2). The court orders Respondents to treat him as detained under 8 U.S.C. § 1226(a) and provide an individualized bond hearing.

Holdings

1. The court had habeas jurisdiction because Orellana-Torrez was detained within the district by a custodian within the district and alleged that his custody violated the Constitution or laws of the United States.
2. The record did not establish that Orellana-Torrez was detained under the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2).
3. Orellana-Torrez's mandatory detention under § 1225(b)(2) violated federal law and due process, and he was entitled to an individualized bond hearing under § 1226(a).

Questions Presented

1. Whether the district court had jurisdiction under 28 U.S.C. § 2241 to review Orellana-Torrez's challenge to his immigration detention.
2. Whether Orellana-Torrez was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or discretionary detention under 8 U.S.C. § 1226(a).
3. Whether continued detention without an individualized bond hearing violated the laws of the United States and due process.

Disposition

writ_granted