Anmolpreet Singh v. Samuel Olson, et al.

Summary

The United States District Court for the Eastern District of Kentucky grants Anmolpreet Singh’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that Singh, who had entered and resided in the United States before being detained by ICE, is governed by the discretionary detention provisions of 8 U.S.C. § 1226(a), rather than the mandatory detention provisions of § 1225(b)(2)(A). The court concludes that Singh is entitled to due process, including consideration of a bond hearing.

Holdings

1. Section 1225(b)(2)(A) applies to noncitizens who are seeking admission, including arriving noncitizens, while § 1226(a) governs the apprehension and detention of noncitizens already present in the United States and facing removal. Because Singh had entered the United States, had lived there for more than two years, and was not actively seeking admission, his detention was governed by § 1226(a), not § 1225(b)(2)(A).
2. Singh's detention without a bond hearing violated the Due Process Clause of the Fifth Amendment.
3. The petition for a writ of habeas corpus was granted, and Respondents were ordered either to release Singh immediately or provide a constitutionally adequate bond hearing under § 1226(a) within seven days.

Questions Presented

1. Whether Singh's detention was governed by the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A) or by 8 U.S.C. § 1226(a).
2. Whether detention under § 1226(a) without a bond hearing violated Singh's Fifth Amendment due process rights.
3. Whether Singh was entitled to immediate release or, alternatively, a constitutionally adequate bond hearing at which the government bears the burden of justifying continued detention.

Disposition

writ_granted