Susu Zheng v. James A. Daley, et al.

Summary

The court grants Susu Zheng’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. It holds that the mandatory detention provision in 8 U.S.C. § 1225(b)(2)(A) does not apply to a noncitizen who has been present in the United States for more than two years and is not actively seeking admission. The court concludes that Zheng is instead detained under 8 U.S.C. § 1226(a) and is entitled to request a bond hearing before an immigration judge.

Holdings

1. Section 1225(b)(2)(A) does not apply to Zheng because, although she qualifies as an applicant for admission under § 1225(a)(1), she was neither an arriving alien nor actively seeking admission after residing in the United States for more than two years.
2. Zheng's detention is governed by 8 U.S.C. § 1226(a), which entitles her to request an individualized bond hearing before an immigration judge.
3. Zheng's detention without an individualized custody determination or bond hearing violated the Fifth Amendment's Due Process Clause.

Questions Presented

1. Whether Zheng's detention was governed by the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A) or the discretionary detention provision in 8 U.S.C. § 1226(a).
2. Whether detention without an individualized bond hearing violated Zheng's due-process rights under the Fifth Amendment.

Disposition

writ_granted