Oscar Saucedo Carera v. Pamela Bondi, Attorney General et al.

Summary

The United States District Court for the District of North Dakota denied and dismissed without prejudice Oscar Saucedo Carera’s habeas petition challenging his detention under 8 U.S.C. § 1225(b)(2)(A) rather than § 1226(a). The court held that Carera was an applicant for admission subject to mandatory detention without a bond hearing and rejected his due process and Administrative Procedure Act arguments.

Holdings

1. Section 1225(b)(2)(A) applies to an alien present in the United States who has not been lawfully admitted, including an alien who entered years earlier and was later detected within the country. Such an alien is subject to detention under § 1225(b)(2)(A) and is not entitled to a bond hearing.
2. Carera's detention under § 1225(b)(2)(A) did not violate the Fifth Amendment Due Process Clause.
3. Carera's APA claim failed because his detention was authorized by § 1225(b)(2)(A), leaving no unlawful agency action for the court to set aside.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A), rather than § 1226(a), authorizes the detention without a bond hearing of an alien present in the United States who has not been lawfully admitted.
2. Whether detention under § 1225(b)(2)(A) violates the Fifth Amendment Due Process Clause.
3. Whether the challenged detention constituted unlawful agency action reviewable under the Administrative Procedure Act.

Disposition

dismissed