Summary
The court granted habeas relief under 28 U.S.C. § 2241 to the extent that the respondents must provide the petitioner, a detainee awaiting removal proceedings, with a bond hearing. The court determined that the petitioner was detained under 8 U.S.C. § 1226(a), rather than subject to mandatory detention under 8 U.S.C. § 1225(b)(2).
Topics
Practice areas
Questions Presented
- Whether petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or was detained under 8 U.S.C. § 1226(a).
- Whether petitioner was entitled to a bond hearing to determine eligibility for release under 8 U.S.C. § 1226(a)(2) and applicable regulations.
Holdings
- 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).
- 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 applicable regulations.
Key quotations
“Accordingly, Petitioner’s application for habeas corpus relief is granted to the extent that Respondents shall provide Petitioner with a bond hearing to determine if the Petitioner may be released on bond under § 1226(a)(2) and the applicable regulations.”
Factual background
Petitioner was detained at the Stewart Detention Center while awaiting removal proceedings. Respondents had refused to provide a bond hearing or an opportunity for pre-removal release, asserting that petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(1) and/or § 1225(b)(2). The court determined that petitioner was instead detained under 8 U.S.C. § 1226(a).
Procedural history
J.C.V-R., detained at the Stewart Detention Center and awaiting removal proceedings, filed an application for habeas relief challenging the refusal to provide a bond hearing and an opportunity for pre-removal release. Respondents argued that detention was mandatory under 8 U.S.C. § 1225(b)(1) and/or § 1225(b)(2). The court concluded that petitioner was detained under 8 U.S.C. § 1226(a) and granted relief to the extent of ordering a bond hearing.
Remand instructions
Respondents shall provide petitioner with a bond hearing to determine whether petitioner may be released on bond under 8 U.S.C. § 1226(a)(2) and applicable regulations.