Carlos Gustavo Pardo Gomez v. United States Immigration and Custom Enforcement, and FNU LNU, Director of the Torrance County Detention Facility

Summary

Proposed Findings and Recommended Disposition in Carlos Gustavo Pardo Gomez v. United States Immigration and Customs Enforcement, pending in the United States District Court for the District of New Mexico. The magistrate judge recommends denying the petitioner’s 28 U.S.C. § 2241 habeas petition and supplemental motion for release, concluding that Zadvydas v. Davis does not apply to detention under 8 U.S.C. § 1225(b)(2)(A) during ongoing removal proceedings before a final order of removal. The parties were notified that objections were due within 14 days of service.

Holdings

1. The Zadvydas framework does not apply to an alien detained under 8 U.S.C. § 1225(b)(2)(A) during removal proceedings before the removal order becomes final.
2. Petitioner failed to establish that his detention under § 1225(b)(2)(A) during a pending BIA appeal violated due process.

Questions Presented

1. Whether Zadvydas v. Davis's limits on detention after a final order of removal apply to an alien detained under 8 U.S.C. § 1225(b)(2)(A) during ongoing removal proceedings and a pending appeal.
2. Whether Petitioner's detention under 8 U.S.C. § 1225(b)(2)(A), before entry of a final order of removal, violated due process.

Disposition

other