Jose Guzman Marquez v. Paul Perry, et al.

Summary

The Eastern District of Virginia granted Jose Guzman Marquez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that, as a noncitizen already present in the United States, Marquez was subject to discretionary detention under 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A). The court ordered Respondents to provide him with a bond hearing within five 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 falls within the discretionary detention provisions of 8 U.S.C. § 1226(a), rather than the mandatory-detention provision of § 1225(b)(2)(A).
2. Because § 1226(a) governs, Petitioner is entitled to a bond hearing before an Immigration Judge, and his continued detention without a bond hearing is unlawful and violates due process.

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 Petitioner is entitled to a bond hearing before an Immigration Judge under § 1226(a).
3. Whether continued detention without a bond hearing violates due process.

Disposition

writ_granted