C.A.P. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia grants habeas relief to the extent that Respondents must provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a). The Court finds that Petitioner is detained under § 1226(a), is not subject to mandatory detention, and is not a member of the bond-eligible class certified in Maldonado Bautista because Petitioner was apprehended upon arrival.

Holdings

1. Petitioner was not a member of the certified Bond Eligible Class because petitioner was apprehended upon arrival in the United States, while the certified class was limited to noncitizens who were not or would not be apprehended upon arrival.
2. Petitioner was detained under 8 U.S.C. § 1226(a) and was not subject to mandatory detention.
3. Petitioner's habeas motion was granted to the extent that respondents were required to provide a bond hearing to determine whether petitioner could be released on bond under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Questions Presented

1. Whether petitioner was a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz.
2. Whether petitioner was detained under 8 U.S.C. § 1226(a) and was therefore entitled to a bond hearing.
3. Whether habeas relief should require respondents to provide petitioner with a bond hearing to determine eligibility for release on bond.

Disposition

writ_granted