Jose Bonilla Giron v. Paul Perry, et al.

Summary

The court granted Jose Bonilla Giron’s habeas petition under 28 U.S.C. § 2241, holding that his detention was governed by the discretionary detention provisions of 8 U.S.C. § 1226(a), rather than the mandatory detention provisions of § 1225(b)(2)(A). The court ordered Respondents to provide Petitioner with a bond hearing before an Immigration Judge within three days and to file a status report afterward.

Holdings

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

Questions Presented

1. Whether a noncitizen who entered the United States without inspection and is already physically present in the country 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 Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a).
3. Whether continued detention without a bond hearing violates due process.

Disposition

writ_granted