C.H.P. v. Warden, Stewart Detention Center

Summary

The United States District Court for the Middle District of Georgia granted a habeas petition in part, holding that the petitioner was detained under 8 U.S.C. § 1226(a) rather than mandatory detention provisions of 8 U.S.C. § 1225(b). The court ordered the respondent to provide a bond hearing to determine whether the petitioner could be released under § 1226(a)(2) and applicable regulations. The order was issued in connection with removal proceedings pending against the petitioner.

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 was entitled to a bond hearing to determine whether petitioner could 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) while removal proceedings were pending.

Disposition

writ_granted