Mirian E. Menjivar Sanchez v. Minga Wofford, et al.

Summary

The court granted a habeas corpus petition challenging the detention of an immigration detainee under 8 U.S.C. § 1225(b)(2)(A) rather than § 1226(a). It held that § 1225(b)(2)(A) did not apply to the petitioner, who had previously entered the United States without inspection and was in standard removal proceedings, and concluded that she was wrongfully denied release on a $3,000 bond. The court barred re-arrest or re-detention absent specified constitutional protections and directed the Clerk to enter judgment and close the case.

Holdings

1. Section 1225(b)(2)(A) does not apply to Petitioner merely because she is a noncitizen present in the United States who has not been admitted. Petitioner was not subject to mandatory detention under § 1225(b)(2)(A).
2. Petitioner was detained pursuant to 8 U.S.C. § 1226(a), not § 1225(b), and was eligible for discretionary release on bond after the immigration judge determined that she was not a danger and posed only a minimal flight risk.
3. The petition for a writ of habeas corpus was granted because Petitioner was wrongfully denied release on bond after being placed under the wrong detention authority.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A) mandates detention of a noncitizen who entered the United States without inspection, has been present in the country for years, and is placed in standard removal proceedings.
2. Whether Petitioner was detained under 8 U.S.C. § 1226(a) and therefore eligible for a bond determination by an immigration judge.
3. Whether habeas relief was appropriate where Petitioner was wrongfully denied release on the bond previously granted by the immigration judge.

Disposition

writ_granted