J.M.G. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia granted J.M.G.'s habeas application to the extent that Respondents must provide a bond hearing. The Court determined that Petitioner was detained under 8 U.S.C. § 1226(a), rather than subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and directed consideration of release on bond under § 1226(a)(2) and applicable regulations.

Holdings

1. Petitioner was detained under 8 U.S.C. § 1226(a) and was therefore 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 § 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).
2. Whether petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a)(2) while removal proceedings were pending.

Disposition

writ_granted