Viktar Makarevich v. Pamela Bondi, et al.

Summary

The United States District Court for the District of New Mexico grants the Government’s motion to dismiss Viktar Makarevich’s habeas petition under 28 U.S.C. § 2241. The court holds that his challenge to his discretionary bond determination is barred by 8 U.S.C. § 1226(e), and that he fails to state a plausible procedural or substantive due process claim. The petition is dismissed without prejudice.

Holdings

1. A challenge to the Immigration Judge's discretionary bond determination is barred from judicial review by 8 U.S.C. § 1226(e).
2. The petition failed to state a plausible procedural due process violation because the Immigration Judge's bond decision was subject to review by the Board of Immigration Appeals, and the petition alleged no facts connecting alleged ICE bias to the decision-making of the Immigration Judge or the Board.
3. The petition failed to state a substantive due process claim because the significant-likelihood-of-removal standard applies to detention under 8 U.S.C. § 1231 after a final order of removal, not to pre-removal detention under § 1226(a), and Makarevich alleged no facts showing that his § 1226(a) detention violated substantive due process.

Questions Presented

1. Whether Makarevich stated a procedural due process claim based on the alleged lack of neutral review of his § 1226(a) bond determination and alleged bias within ICE.
2. Whether Makarevich stated a substantive due process claim by alleging that there was no significant likelihood of his removal in the reasonably foreseeable future.
3. Whether 8 U.S.C. § 1226(e) barred judicial review of the discretionary bond determination.

Disposition

dismissed