Keilerson Dayner Torrealba-Gonzalez v. Warden, Otero County Processing Center, Mary De Anda-Ybarra, Todd Lyons, Current Secretary, U.S. Department of Homeland Security, and Pamela Bondi

Summary

The United States District Court for the District of New Mexico orders federal respondents to answer a Venezuelan detainee’s 28 U.S.C. § 2241 petition challenging prolonged immigration detention and the absence of an individualized bond hearing. The Court enjoins the Government from transferring the petitioner outside the district while the case is pending, grants in forma pauperis status, and directs the parties regarding briefing and evidence.

Holdings

1. The petition raised a colorable challenge to detention and the claims should be resolved on a full record; therefore, respondents were ordered to answer and show cause why the requested relief should not be granted.
2. For purposes of requiring a response, the court joined the vast majority of courts concluding that § 1226(a), rather than § 1225(b)(2), governs detention of a noncitizen who appears to have resided in the United States for some time before detention. Respondents were required to explain why the specific facts or procedural posture warranted departure from the court's prior rulings.
3. Respondents were enjoined from transferring petitioner outside the District of New Mexico without prior written authorization from the court while the proceeding remained pending.

Questions Presented

1. Whether the § 2241 petition raised a colorable challenge to petitioner's immigration detention requiring an answer and development of a full record.
2. Whether respondents should be required to address the applicability of 8 U.S.C. § 1226(a), rather than § 1225(b)(2), to petitioner's detention and alleged entitlement to an individualized bond hearing.
3. Whether the court should enjoin respondents from transferring petitioner outside the District of New Mexico while the habeas proceeding was pending.
4. Whether petitioner should be granted leave to proceed in forma pauperis.

Disposition

other