M.L.A. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia orders immigration authorities to provide the petitioner with a bond hearing under 8 U.S.C. § 1226(a)(2) within seven days. Relying on two prior decisions, the Court concludes that mandatory detention under 8 U.S.C. § 1225(b)(2) is not authorized for similarly situated noncitizens and directs the petitioner to file a notice of dismissal after the hearing.

Holdings

1. Based on the rationale of J.A.M. and P.R.S., respondents were required to provide petitioner with a bond hearing to determine whether petitioner could be released on bond under § 1226(a)(2) and the applicable regulations.
2. Under the rationale adopted from P.R.S., mandatory detention under § 1225(b)(2) was not authorized for a noncitizen found unlawfully in the country and arrested without inspection by an examining immigration officer, absent circumstances making a statutory exception applicable.

Questions Presented

1. Whether, on preliminary review of a § 2241 petition, the court should order respondents to provide a detained noncitizen with a bond hearing under 8 U.S.C. § 1226(a).
2. Whether mandatory detention under 8 U.S.C. § 1225(b)(2) is authorized for a noncitizen found unlawfully in the United States and arrested without inspection by an examining immigration officer.

Disposition

other