Fabian Tunjano Campos v. Jason Maydak, et al.

Summary

The United States District Court for the Eastern District of Kentucky granted Fabian Tunjano Campos’s petition for a writ of habeas corpus challenging his immigration detention. The court held that 8 U.S.C. § 1226(a), rather than § 1225, governed his detention and that due process required an individualized bond hearing. Respondents were ordered to release Campos or provide a constitutionally adequate bond hearing, with the government bearing the burden of proof by clear and convincing evidence.

Holdings

1. The jailer who exercised day-to-day control over the facility where Campos was detained was a proper respondent because he was Campos's immediate custodian.
2. Section 1226 was the applicable statutory framework for Campos's detention; he was not subject to mandatory detention under § 1225.
3. Campos's detention without access to an individualized hearing violated the Fifth Amendment Due Process Clause.
4. The proper remedy was immediate release or, alternatively, a constitutionally adequate bond hearing within seven days at which the government bears the burden of proving by clear and convincing evidence that continued detention is justified.

Questions Presented

1. Whether the Boone County Jailer was a proper respondent in Campos's § 2241 habeas petition.
2. Whether 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225, governed Campos's detention.
3. Whether detention under § 1226(a) without an individualized bond hearing violated the Fifth Amendment Due Process Clause.
4. Whether the appropriate remedy was immediate release or a constitutionally adequate bond hearing at which the government bears the burden of proof by clear and convincing evidence.

Disposition

writ_granted