Milton Alvernia Pabon v. Jeffrey Crawford, et al.

Summary

The United States District Court for the Eastern District of Virginia denied and dismissed Milton Alvernia Pabon's 28 U.S.C. § 2241 petition challenging his immigration detention and seeking release or a bond hearing. The court concluded that the petition was moot because Pabon had already received a bond hearing at which an Immigration Judge found, alternatively, that he posed a flight risk or danger to the community. The court therefore declined to decide whether his detention was authorized under 8 U.S.C. § 1225(b) or § 1226(a).

Holdings

1. When an immigration detainee has already received a bond hearing at which an Immigration Judge independently found that the detainee was a flight risk or danger to the community, the district court may not grant a new bond hearing or order release through the § 2241 petition; the detainee's remedy is to pursue the available administrative review or bond-redetermination process.
2. The court did not need to determine whether Pabon was detained under 8 U.S.C. § 1225(b) or § 1226(a) because, under either characterization, he had already received the bond-hearing relief that the court could provide.

Questions Presented

1. Whether the district court could grant release or order a new bond hearing under 28 U.S.C. § 2241 when the petitioner had already received a bond hearing at which an Immigration Judge found him to be a flight risk or danger to the community.
2. Whether the court needed to determine whether Pabon was detained under 8 U.S.C. § 1225(b) or § 1226(a).

Disposition

dismissed