G.S.G. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia grants habeas relief to an immigration detainee to the extent that Respondents must provide a bond hearing. The Court concludes that Petitioner is detained under 8 U.S.C. § 1226(a), rather than subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and may therefore be considered for release on bond.

Holdings

1. Petitioner was currently 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 release on bond was permissible 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), or was detained under 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to a bond hearing and consideration for release under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Disposition

writ_granted