Lakshay None v. Dora Castro

Summary

A United States Magistrate Judge recommends granting Lakshay None’s 28 U.S.C. § 2241 habeas petition challenging his mandatory immigration detention under 8 U.S.C. § 1225(b). The recommendation concludes that Respondents waived defenses by failing to meaningfully address the Petitioner’s arguments and recommends an individualized bond hearing before a neutral immigration judge within seven days, with immediate release if no hearing is provided. The Magistrate Judge also recommends denying the motion for a temporary restraining order as moot.

Holdings

1. Respondents' attempt to incorporate an entire brief filed under seal in a different case, without attaching it or obtaining authorization, was insufficient and could not substitute for addressing the claims presented in this case.
2. Respondents waived defenses to Petitioner's substantive claims by failing to meaningfully respond to the arguments concerning his prior release, compliance with supervision, section 240 proceedings, pending asylum application, and detention without notice or process.
3. The petition should be granted, with Respondents required to provide Petitioner an individualized bond hearing before a neutral immigration judge within seven days of adoption of the recommendation, and required to release him immediately if the hearing is not timely provided.

Questions Presented

1. Whether Respondents waived defenses to Petitioner's habeas and due-process claims by failing to address them in their response.
2. Whether Respondents' attempted incorporation by reference of briefing filed under seal in another case was procedurally sufficient.
3. Whether Petitioner was entitled to an individualized bond hearing before a neutral immigration judge, or immediate release if such a hearing was not timely provided.
4. Whether Petitioner's detention under 8 U.S.C. § 1225(b), rather than discretionary detention under 8 U.S.C. § 1226(a), violated the Immigration and Nationality Act or the Fifth Amendment.

Disposition

remanded