F.D.J.M.G. 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 concludes that Petitioner is not a member of the bond-eligible class certified in Maldonado Bautista because Petitioner was apprehended upon arrival, but is detained under § 1226(a) and is not subject to mandatory detention.

Holdings

1. Petitioner was not a member of the Bond Eligible Class certified in Maldonado Bautista because Petitioner was apprehended upon arrival in the United States, while the class definition was limited to noncitizens who were not or would not be apprehended upon arrival.
2. Because Petitioner was detained under 8 U.S.C. § 1226(a) and was not subject to mandatory detention, Respondents were required to provide Petitioner with a bond hearing to determine whether Petitioner could be released on bond.

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 entitled to a bond hearing because the detention was not mandatory.

Disposition

granted