Michael A. Martinez Aviles v. Immigration & Customs Enforcement, et al.

Summary

The United States District Court for the Eastern District of Virginia held that Michael Alejandro Martinez Aviles, a noncitizen detained by ICE after entering the United States without inspection, was subject to discretionary detention under 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A). The court granted the habeas petition and ordered Respondents to provide Petitioner with a bond hearing within fourteen days. Respondents were also ordered to file a status report within three days after the hearing.

Holdings

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

Disposition

writ_granted