V.P.I. v. Warden, Stewart Detention Center, et al.

Summary

The court grants habeas relief to the extent that Respondents must provide the petitioner, an immigration detainee awaiting removal proceedings, with a bond hearing. The court determines that the petitioner is detained under 8 U.S.C. § 1226(a), rather than subject to mandatory detention under 8 U.S.C. § 1225(b)(2).

Holdings

1. The 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).
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 petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or was detained under the discretionary detention provision of 8 U.S.C. § 1226(a).
2. Whether petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a)(2) and the applicable regulations.

Disposition

writ_granted