Marlon Jose Cruz Mendoza v. Miami Field Office Director, Immigration and Customs Enforcement et al.

Summary

The United States District Court for the Middle District of Florida granted Marlon Jose Cruz Mendoza’s habeas petition challenging his mandatory immigration detention. The court held that 8 U.S.C. § 1226(a), rather than § 1225(b)(2), governed his detention and that he was entitled to an individualized bond hearing. Respondents were ordered to provide a bond hearing before an immigration judge or release Cruz Mendoza within ten days, after which the case was closed.

Holdings

1. The court had jurisdiction over Cruz Mendoza's habeas challenge because the action fell outside the jurisdiction-stripping provisions of § 1252(g) and § 1252(b)(9).
2. Exhaustion was excused because pursuing administrative remedies would have been futile.
3. Cruz Mendoza's detention was governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
4. A noncitizen detained under § 1226(a) has a right 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 habeas challenge to Cruz Mendoza's detention.
2. Whether exhaustion of administrative remedies should be excused as futile.
3. Whether Cruz Mendoza's detention was governed by 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

writ_granted