Alexander Fermin Contreras Perez v. Kristi Noem, et al.

Summary

The United States District Court for the Eastern District of Virginia granted Alexander Fermin Contreras Perez’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that his detention is governed by the discretionary detention framework of 8 U.S.C. § 1226(a), rather than the mandatory detention provision of 8 U.S.C. § 1225(b)(2), and ordered an immigration bond hearing. The court also concluded that continued detention without such a hearing violated the Fifth Amendment Due Process Clause.

Holdings

1. The court had jurisdiction to consider petitioner's § 2241 habeas petition because 8 U.S.C. §§ 1252(b)(9) and 1252(g) did not strip jurisdiction over his challenge to the legality of detention without a bond hearing.
2. Because petitioner had been present in the United States since 2005 and was not actively seeking admission, his detention was governed by the discretionary detention framework of 8 U.S.C. § 1226(a), entitling him to a bond hearing before an Immigration Judge.
3. Petitioner's continued detention without a bond hearing violated the Fifth Amendment Due Process Clause.

Questions Presented

1. Whether the district court had jurisdiction under 28 U.S.C. § 2241 notwithstanding the jurisdiction-stripping provisions of 8 U.S.C. §§ 1252(b)(9) and 1252(g).
2. Whether petitioner, who had been present in the United States since 2005 after entering without inspection, was subject to discretionary detention and a bond hearing under 8 U.S.C. § 1226(a), rather than mandatory detention under 8 U.S.C. § 1225(b)(2)(A).
3. Whether continued detention without a bond hearing violated petitioner's Fifth Amendment right to procedural due process.

Disposition

writ_granted