Ricardo de Jesus Cisneros v. Kristi Noem, et al.

Summary

The United States District Court for the District of Utah denies Ricardo de Jesus Cisneros’s petition for a writ of habeas corpus challenging his detention during removal proceedings. The court holds that 8 U.S.C. § 1225(b)(2)(A) mandates his detention because he is an applicant for admission who was not inspected or admitted, and therefore does not require a bond hearing. The court also rejects his due process challenge, concluding that detention pending completion of removal proceedings is constitutionally permissible under the circumstances presented.

Holdings

1. An alien present in the United States who was never inspected or authorized to enter is an applicant for admission under 8 U.S.C. § 1225(a)(1). Such an alien is also an alien seeking admission under § 1225(b)(2)(A), which requires detention during removal proceedings when the alien is not clearly and beyond a doubt entitled to admission.
2. The jurisdiction-stripping provisions of 8 U.S.C. §§ 1252(a)(5) and 1252(b)(9) do not bar judicial review of a challenge to detention pending removal proceedings when the petitioner is not challenging a final removal order.
3. Under the circumstances presented, mandatory detention under § 1225(b)(2)(A) pending completion of removal proceedings, without an individualized bond hearing, did not violate due process.

Questions Presented

1. Whether Cisneros was detained under 8 U.S.C. § 1226(a), entitling him to a bond hearing, or under 8 U.S.C. § 1225(b)(2)(A), which requires detention of an applicant for admission pending removal proceedings.
2. Whether 8 U.S.C. §§ 1252(a)(5) and 1252(b)(9) deprived the district court of jurisdiction to review Cisneros's detention.
3. Whether mandatory detention under 8 U.S.C. § 1225(b)(2)(A), without an individualized bond hearing, violated the Due Process Clause.

Disposition

denied