Luz Dary Hinestroza Arango v. Kenneth Genalo; Todd M. Lyons; Kristi Noem; and Pamela Bondi

Summary

The Eastern District of New York granted Luz Dary Hinestroza Arango’s habeas petition and ordered her release from immigration detention. The court held that her due process rights were violated because the government did not make an individualized custody determination before or contemporaneously with her arrest and served her Notice to Appear two days after the arrest. The court excused any exhaustion requirement because administrative remedies were deficient and the petition raised a substantial constitutional question.

Holdings

1. The government's detention of Arango violated due process because the record contained no evidence that an individualized custody determination was made before or contemporaneously with her December 3 arrest.
2. Arango's due process rights were violated because she was not served with a Notice to Appear until two days after her arrest, and two days was not contemporaneous within the meaning of the governing regulation.
3. Arango was not required to exhaust administrative remedies because the available custody-review process was deficient from the outset; alternatively, exhaustion was excused because she raised a substantial constitutional question and post-deprivation review would have been inadequate.

Questions Presented

1. Whether Arango's arrest and detention violated due process because ICE failed to make an individualized custody determination before or contemporaneously with the arrest.
2. Whether due process was violated because Arango was arrested under an I-200 warrant before being served with a Notice to Appear.
3. Whether Arango was required to exhaust administrative remedies before seeking habeas relief, and whether exhaustion should be excused.

Disposition

writ_granted