Landaverde-Garcia v. Ripa

Summary

The court granted in part and denied in part a habeas petition challenging the petitioner’s detention by U.S. Immigration and Customs Enforcement. It held that, because the petitioner had been present in the United States for years, his detention was governed by 8 U.S.C. § 1226 rather than § 1225, entitling him to a bond hearing but not immediate release. The court declined to resolve the petitioner’s Fifth Amendment claim and closed the case.

Holdings

1. Because Landaverde-Garcia had been present in the United States for years, his detention was governed by 8 U.S.C. § 1226 rather than § 1225.
2. A noncitizen detained under 8 U.S.C. § 1226(a) is entitled to the statutory process provided by that provision, including a bond hearing.
3. The court could not order immediate release; Landaverde-Garcia was entitled to a bond hearing and the statutory process under § 1226(a), not release from custody.
4. The court rejected the argument that some defendants were not proper parties.

Questions Presented

1. Whether Landaverde-Garcia's detention was governed by 8 U.S.C. § 1225 or § 1226(a).
2. Whether a noncitizen detained under § 1226(a) is entitled to a bond hearing.
3. Whether the court could order Landaverde-Garcia's immediate release rather than require the statutory process under § 1226(a).
4. Whether the named defendants were proper parties to the habeas proceeding.
5. Whether the court should adjudicate Landaverde-Garcia's Fifth Amendment challenge after granting relief under the INA.

Disposition

granted_in_part_and_denied_in_part