E.G.N. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia ordered respondents to provide E.G.N. with a bond hearing under 8 U.S.C. § 1226(a)(2) within seven days. The order relied on the court’s reasoning in J.A.M. v. Streeval and P.R.S. v. Streeval concerning the applicability of discretionary detention rather than mandatory detention under 8 U.S.C. § 1225(b)(2).

Holdings

1. For a noncitizen found in the United States unlawfully and arrested without having been inspected by an examining immigration officer, an immigration officer or immigration judge has discretion under 8 U.S.C. § 1226(a) to grant release on bond unless the statutory exception in § 1226(c) applies; mandatory detention under § 1225(b)(2) is not authorized in those circumstances.
2. Respondents must provide Petitioner with a bond hearing to determine whether release on bond is available under § 1226(a)(2) and the applicable regulations.

Questions Presented

1. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a), rather than mandatory detention under 8 U.S.C. § 1225(b)(2).
2. Whether, on preliminary review of a § 2241 petition, the court should order Respondents to provide Petitioner with a bond hearing.

Disposition

other