Rafael Alberto Capdevila Manzano v. Kristi Noem, et al.

Summary

The court grants Rafael Alberto Capdevila Manzano’s petition for a writ of habeas corpus challenging his immigration detention. It holds that 8 U.S.C. § 1226, rather than the mandatory-detention provision of § 1225, governs because he had entered and lived in the United States for approximately one year before his arrest. The court orders a prompt bond hearing at which the Government must prove by clear and convincing evidence that continued detention is warranted.

Holdings

1. Section 1226 governed Manzano's detention because he had effected an entry into the United States and was arrested approximately one year after entry, away from the border, rather than while seeking admission.
2. Manzano's redetention without an individualized bond hearing violated his Fifth Amendment right to procedural due process.
3. The proper remedy was a prompt bond hearing under § 1226(a) at which the Government had to prove by clear and convincing evidence that Manzano was a flight risk or danger to the community.

Questions Presented

1. Whether 8 U.S.C. § 1226 or the mandatory-detention provision of 8 U.S.C. § 1225(b)(2)(A) governed Manzano's detention.
2. Whether redetention without an individualized bond hearing violated Manzano's Fifth Amendment due process rights.
3. Whether the proper habeas remedy was a prompt bond hearing at which the Government bore the burden of proving by clear and convincing evidence that continued detention was warranted.

Disposition

writ_granted