Moises Jose v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey grants Moises Jose’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that Jose, who was apprehended inside the United States after an extended period of residence, was improperly detained under 8 U.S.C. § 1225(b)(2) and should have been detained under § 1226, which provides an opportunity to seek bond. The court orders his immediate release, imposes related injunctive relief, retains jurisdiction over potential future detention, and dismisses his motion for a temporary restraining order as moot.

Holdings

1. A noncitizen apprehended inside the United States after residing there for an extended period was unlawfully detained under 8 U.S.C. § 1225; the applicable detention authority was 8 U.S.C. § 1226, which requires an opportunity to seek bond.
2. Section 1252(b)(9) did not strip the court of jurisdiction over a collateral challenge to continued detention that was not inextricably linked to a removal action.
3. Immediate release and equitable relief were appropriate where the detention was unlawful from its inception, including an injunction against rearrest or redetention under the inapplicable statutory authority and limited protection against circumvention of the judgment.

Questions Presented

1. Whether petitioner was properly detained under 8 U.S.C. § 1225(b)(2) or instead should have been detained under 8 U.S.C. § 1226.
2. Whether 8 U.S.C. § 1252(b)(9) deprived the district court of jurisdiction over petitioner's collateral challenge to his continued detention.
3. Whether the court could order immediate release and related equitable relief, including an injunction against detention under § 1225, where the government asserted a post hoc alternative basis for detention.

Disposition

writ_granted