T.F.P.E. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia ordered immigration authorities to provide the petitioner with a bond hearing under 8 U.S.C. § 1226(a)(2) within seven days. The order relied on the court’s prior decisions in J.A.M. v. Streeval and P.R.S. v. Streeval, concluding that mandatory detention under 8 U.S.C. § 1225(b)(2) was not authorized on the circumstances described.

Holdings

1. For a noncitizen found in the United States unlawfully and arrested without having been inspected by an examining immigration officer, detention is governed by the discretionary detention and bond provisions of 8 U.S.C. § 1226(a), unless the statutory exception in § 1226(c) applies; mandatory detention under § 1225(b)(2) is not authorized on those circumstances.
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 the applicable regulations.

Questions Presented

1. Whether the 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), based on the circumstances described in the petition.
2. Whether the court should order respondents to provide a bond hearing as the authorized habeas remedy.

Disposition

other