Summary
The United States District Court for the District of Rhode Island grants Osman Villeda Alvarado’s habeas petition challenging his continued ICE detention under 8 U.S.C. § 1225(b)(2). The court orders his immediate release, permits transfer solely to process that release, and requires a bond hearing before an immigration judge under 8 U.S.C. § 1226(a).
Topics
Practice areas
Questions Presented
- Whether 8 U.S.C. § 1225(b)(2) authorizes mandatory detention of a noncitizen who has resided in the United States since 2023, was not admitted or paroled, and was not apprehended while entering the country or shortly thereafter.
- Whether the petitioner is a member of the certified class of similarly situated immigration detainees.
- Whether the proper remedy for detention unauthorized by § 1225(b)(2) is immediate release, a bond hearing under 8 U.S.C. § 1226(a), or both.
- Whether the Government may keep the petitioner in custody through monitoring equipment pending the bond hearing.
Holdings
- Section 1225(b)(2) does not authorize detention of a noncitizen who has resided in the United States since 2023 and is not fairly described as seeking admission into the country.
- The petitioner is a member of the certified class of similarly situated immigration detainees.
- Immediate release is the proper remedy where the Government lacks lawful authority to detain the petitioner and identifies no alternative statutory basis for detention.
- The Government must provide the petitioner a bond hearing before an immigration judge under 8 U.S.C. § 1226(a) within ten days of the order.
- The Government may not keep the petitioner in custody through monitoring equipment pending the bond hearing.
Key quotations
“As someone who has resided in the United States since 2023, ECF No. 1 at 1, Mr. Villeda Alvarado cannot fairly be described as someone who is “seeking admission” into the country, so 8 U.S.C. § 1225(b)(2) does not and cannot apply to him.” (I. DISCUSSION)
“It is clear . . . that the essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” (II. REMEDY)
Factual background
ICE arrested and detained Osman Villeda Alvarado, who had resided in the United States since 2023. The Government did not contend that he was subject to any detention authority other than 8 U.S.C. § 1225(b)(2), and the court determined that the Government had not alleged that he was admitted or paroled or that he was apprehended while entering the country or shortly thereafter. The court also found that he satisfied the requirements for membership in a certified class of similarly situated detainees.
Procedural history
Osman Villeda Alvarado filed a § 2241 habeas petition challenging his arrest and continued detention by Immigration and Customs Enforcement. The Government argued that detention was authorized by 8 U.S.C. § 1225(b)(2), requested that any relief be limited to a bond hearing, and opposed immediate release and monitoring restrictions. The district court rejected the Government's statutory argument, held that the petitioner was a member of a certified class, granted the petition, ordered immediate release, and ordered a bond hearing under 8 U.S.C. § 1226(a).
Remand instructions
The Government must immediately release the petitioner; may transfer him to ICE's Boston Field Office solely to process release and return property; must provide a § 1226(a) bond hearing before an immigration judge within ten days; must consider alternatives to detention at the hearing; and must file a status report within five days after the hearing. The request to impose monitoring equipment as a means of continued custody was denied.