Walver Daniel Vilorio Moncada v. Warden, Glades County Detention Center et al.

Summary

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

Holdings

1. Sections 1252(g) and 1252(b)(9) do not strip the district court of jurisdiction over Moncada's challenge because the action falls outside their scope.
2. Exhaustion was excused because requiring it would be futile.
3. Moncada's detention was governed by § 1226(a), not § 1225(b)(2); mandatory detention under § 1225(b)(2) was unlawful.
4. As a noncitizen detained under § 1226(a), Moncada was 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 Moncada's habeas challenge to his immigration detention.
2. Whether exhaustion of administrative remedies should be excused as futile.
3. Whether Moncada'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