Ayoub Er Refai v. Farmville Detention Center, et al.

Summary

The United States District Court for the Eastern District of Virginia granted Ayoub Er Refai’s habeas petition concerning his detention by Immigration and Customs Enforcement. The court held that 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b)(2)(A), applies to Petitioner and ordered an individualized bond hearing before an Immigration Judge within fourteen days. Respondents were also ordered to file a status report after the hearing.

Holdings

1. A noncitizen who entered without inspection but is already in the United States and is not seeking initial admission falls within the discretionary detention provisions of 8 U.S.C. § 1226(a), rather than the mandatory detention provision of 8 U.S.C. § 1225(b)(2)(A).
2. Petitioner was entitled to a bond hearing before an Immigration Judge under 8 U.S.C. § 1226(a).
3. Petitioner's continued detention without a bond hearing violated his due process rights.

Questions Presented

1. Whether a noncitizen who entered the United States without inspection and is already present in the country is subject to discretionary detention under 8 U.S.C. § 1226(a), rather than mandatory detention under 8 U.S.C. § 1225(b)(2)(A).
2. Whether Petitioner's continued detention without a bond hearing violated his due process rights.
3. Whether Petitioner was entitled to a bond hearing before an Immigration Judge.

Disposition

writ_granted