A.P-R. v. Warden, Stewart Detention Center, et al.

Summary

The court held that the petitioner, an immigration detainee awaiting removal proceedings, was detained under 8 U.S.C. § 1226(a) rather than mandatory detention provisions of 8 U.S.C. § 1225(b). It granted habeas relief to the extent that respondents must provide a bond hearing to determine whether the petitioner may be released under § 1226(a)(2) and applicable regulations.

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)(2) or was detained under the discretionary detention authority of 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to a bond hearing to determine eligibility for release under 8 U.S.C. § 1226(a)(2) and applicable regulations.

Disposition

writ_granted