Sibran-Juares v. Washington Field Office Director, et al.

Summary

The Eastern District of Virginia granted Abelio Alejandro Sibrian-Juares’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that his immigration 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), and that he was entitled to a bond hearing. The court also concluded that continued detention without a bond hearing violated the Fifth Amendment’s Due Process Clause.

Holdings

1. Neither 8 U.S.C. § 1252(b)(9) nor 8 U.S.C. § 1252(g) divests the district court of jurisdiction under 28 U.S.C. § 2241 to review petitioner's detention claim because petitioner did not seek review of a removal order and the case did not involve the commencement, adjudication, or execution of an immigration order.
2. A noncitizen who has been present in the United States since 2007 and is not actively seeking admission is governed by the discretionary detention and release framework of 8 U.S.C. § 1226(a), rather than the mandatory detention provision of 8 U.S.C. § 1225(b)(2)(A).
3. Petitioner's continued detention without a bond hearing violates the Fifth Amendment Due Process Clause.
4. Petitioner is entitled to a bond hearing before an Immigration Judge under 8 U.S.C. § 1226(a). If the government seeks to continue detention, it must establish that petitioner poses a danger to the community or is a flight risk.

Questions Presented

1. Whether the district court had subject-matter jurisdiction under 28 U.S.C. § 2241 notwithstanding 8 U.S.C. §§ 1252(b)(9) and 1252(g).
2. Whether a noncitizen who entered the United States without inspection in 2007 and was later detained is subject to the discretionary detention and bond-hearing framework of 8 U.S.C. § 1226(a), rather than the mandatory-detention framework of 8 U.S.C. § 1225(b)(2)(A).
3. Whether continued detention without a bond hearing violates the Fifth Amendment Due Process Clause.
4. Whether petitioner was entitled to a bond hearing before an Immigration Judge.

Disposition

writ_granted