L.A.R. v. Warden, Stewart Detention Center, et al.

Summary

The court grants the petitioner’s § 2241 habeas motion in part and orders respondents to provide a bond hearing. The court concludes that the petitioner is detained under 8 U.S.C. § 1226(a), is not subject to mandatory detention, and is not a member of the bond-eligible class certified in Maldonado Bautista because the petitioner was apprehended upon arrival in the United States.

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 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), was not subject to mandatory detention, and was entitled to a bond hearing to determine whether release on bond was appropriate under § 1226(a)(2) and 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 subject to mandatory immigration detention.
3. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted