A.J.I.I. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia grants an immigration detainee’s habeas application to the extent that respondents must provide a bond hearing. The court determines that the petitioner is detained under 8 U.S.C. § 1226(a), rather than mandatory detention provisions under 8 U.S.C. § 1225, and may therefore be considered for release on bond.

Holdings

1. Petitioner was detained under 8 U.S.C. § 1226(a) and therefore was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2).
2. Petitioner's habeas application was granted to the extent that Respondents must provide a bond hearing to determine whether Petitioner may be released on bond under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Questions Presented

1. Whether Petitioner was detained under 8 U.S.C. § 1225(b)(2), which would make detention mandatory and preclude the requested bond hearing.
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Disposition

other