Denis Dagoberto Duarte Cantarero v. Warden, Florida Soft Side South Detention Center et al.

Summary

The United States District Court for the Middle District of Florida granted Denis Dagoberto Duarte Cantarero’s petition for a writ of habeas corpus. The court held that his detention was governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2), and ordered the respondents to provide an individualized immigration bond hearing within ten days or release him under reasonable conditions of supervision.

Holdings

1. The district court had jurisdiction because the petitioner's challenge to the statutory basis for his current detention fell outside the jurisdiction-stripping provisions of § 1252(g) and § 1252(b)(9).
2. Exhaustion was excused because pursuing available administrative remedies would have been futile.
3. The petitioner's detention was governed by 8 U.S.C. § 1226(a), not § 1225(b)(2); mandatory detention under § 1225(b)(2) was unlawful.
4. A noncitizen detained under § 1226(a) is entitled to an individualized bond hearing before an immigration judge.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) or § 1252(b)(9) deprived the district court of jurisdiction over the challenge to the petitioner's immigration detention.
2. Whether exhaustion of administrative remedies should be excused as futile.
3. Whether the petitioner was detained under 8 U.S.C. § 1225(b)(2) or § 1226(a).
4. Whether a noncitizen detained under § 1226(a) is entitled to an individualized bond hearing before an immigration judge.

Disposition

granted