Elmer Joel M. C. v. Wofford

Summary

The United States District Court for the Eastern District of California granted a habeas petition challenging the petitioner’s re-detention after his prior release under 8 U.S.C. § 1226(a). The court held that the petitioner had a protected liberty interest in continued release and was entitled to a pre-deprivation bond hearing under the Due Process Clause. Respondents were ordered to release him immediately and were barred from re-detaining him absent clear and convincing evidence of flight risk or danger at a hearing before a neutral decisionmaker.

Holdings

1. Petitioner possessed a protected liberty interest in his release because the government conditionally released him under § 1226(a), represented that statutory basis to him, and he relied on that representation while remaining at liberty for nearly six years.
2. Due process required respondents to provide petitioner a pre-deprivation bond hearing before terminating his release and re-detaining him.
3. Respondents may not re-detain petitioner unless, at a pre-deprivation bond hearing before a neutral decisionmaker, they demonstrate by clear and convincing evidence that petitioner is a flight risk or danger to the community such that physical custody is legally justified.

Questions Presented

1. Whether petitioner had a protected liberty interest in his continued release after the government released him on his own recognizance under 8 U.S.C. § 1226(a).
2. Whether due process required a pre-deprivation bond hearing before the government could re-detain petitioner.
3. Whether respondents could re-detain petitioner under the mandatory-detention provision of 8 U.S.C. § 1225(b)(2)(A) without providing a bond hearing.

Disposition

writ_granted