Deyvis Padilla Lopez v. Pamela Bondi, et al.

Summary

The United States District Court for the District of New Mexico holds that 8 U.S.C. § 1226, rather than § 1225, governs Deyvis Padilla Lopez’s detention because he was already present in the United States and was not seeking admission. The court orders the Government to provide a bond hearing within seven days, with the Government bearing the burden of proving by clear and convincing evidence that continued detention is warranted, or to release him.

Holdings

1. Section 1226 governed Petitioner's detention because he was already present in the United States and was not seeking entry or admission when DHS detained him.
2. Because § 1226 governed Petitioner's detention, he was entitled to an individualized bond hearing under § 1226(a).
3. At the required bond hearing, the Government must prove by clear and convincing evidence that Petitioner is a flight risk or danger to the community.

Questions Presented

1. Whether Petitioner's detention was governed by the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A) or by the discretionary-detention provisions of § 1226(a).
2. Whether Petitioner was entitled to an individualized bond hearing under § 1226(a).
3. Whether due process required the Government to bear the burden of proving by clear and convincing evidence that continued detention was justified.

Disposition

writ_granted