A.M.G.F. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia granted habeas relief to the extent that Respondents must provide the petitioner, an immigration detainee, with a bond hearing. The court held that the petitioner was detained under 8 U.S.C. § 1226(a), rather than mandatory detention provisions of 8 U.S.C. § 1225(b)(2), and therefore could 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. Respondents must provide Petitioner with 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 subject to mandatory detention under 8 U.S.C. § 1225(b)(1) or § 1225(b)(2).
2. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted