R.A.A. v. Warden, Stewart Detention Center

Summary

The United States District Court for the Middle District of Georgia granted a Mexican citizen's petition for a writ of habeas corpus under 28 U.S.C. § 2241 to the extent it ordered respondents to provide a discretionary bond hearing. The court held, based on its decision in J.A.M. v. Streeval, that the petitioner's detention was governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2).

Holdings

1. Petitioner’s detention is governed by 8 U.S.C. § 1226(a), rather than 8 U.S.C. § 1225(b)(2).
2. Petitioner must be provided a bond hearing to determine whether he may be released on bond under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Questions Presented

1. Whether Petitioner’s immigration detention was governed by 8 U.S.C. § 1226(a) or 8 U.S.C. § 1225(b)(2).
2. Whether Petitioner was entitled to a discretionary bond hearing under 8 U.S.C. § 1226(a)(2).

Disposition

writ_granted