Ramiro Ramirez-Mendez v. Samuel Olson, et al.

Summary

The United States District Court for the Eastern District of Kentucky grants Ramiro Ramirez-Mendez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that his continued immigration detention without a constitutionally adequate custody redetermination hearing violated the Fifth Amendment, despite his conceded detention under 8 U.S.C. § 1225(b)(2). The court orders his immediate release or a bond hearing before an immigration judge within seven days and requires a compliance status report.

Holdings

1. Even assuming Petitioner’s arrest or detention violated the Fourth Amendment, the alleged violation did not entitle him to habeas relief because an unlawful arrest does not require suppression of the person, identity, or body of a respondent in a civil immigration proceeding.
2. A noncitizen who was previously paroled into the United States has a protected liberty interest in remaining free from detention, and continued nonpunitive immigration detention without an individualized custody redetermination hearing violates the Fifth Amendment when the government has not provided an adequate justification tied to flight risk or danger.

Questions Presented

1. Whether Petitioner’s detention violated the Fourth Amendment because he was detained without a warrant, reasonable suspicion, or probable cause.
2. Whether continued mandatory detention under 8 U.S.C. § 1225(b)(2), without an individualized custody redetermination or bond hearing after years of parole, violated Petitioner’s Fifth Amendment procedural due process rights.
3. What relief was appropriate for the unconstitutional continued detention.

Disposition

writ_granted