David Ambrosio Rivera v. Jeffrey Crawford, et al.

Summary

The United States District Court for the Eastern District of Virginia granted David Ambrosio Rivera’s 28 U.S.C. § 2241 petition challenging his continued immigration detention without a bond hearing. The court held that Rivera was subject to discretionary detention under 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A), and ordered that he receive a bond hearing within one day.

Holdings

1. Rivera was not seeking admission for purposes of 8 U.S.C. § 1225(b)(2) and instead fell within the category of noncitizens already in the country subject to discretionary detention under 8 U.S.C. § 1226(a).
2. Because 8 U.S.C. § 1226(a) governed Rivera's detention, he was entitled to a bond hearing before an Immigration Judge.
3. Rivera's continued detention without a bond hearing was unlawful and violated his due process rights.

Questions Presented

1. Whether a noncitizen who entered the United States without inspection is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) or discretionary detention under 8 U.S.C. § 1226(a).
2. Whether Rivera was entitled to a bond hearing before an Immigration Judge under 8 U.S.C. § 1226(a).
3. Whether continued detention without a bond hearing violated Rivera's due process rights.

Disposition

writ_granted