Aleskerov v. Lowe

Summary

The United States District Court for the Middle District of Pennsylvania grants Zaur Aleskerov’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that mandatory detention under 8 U.S.C. § 1225(b)(2)(A) does not apply because Aleskerov was not actively seeking admission, and orders his immediate release.

Holdings

1. Section 1225(b)(2)(A) applies only to a noncitizen who is presently and affirmatively seeking admission to the United States; it does not apply to Aleskerov, who had entered and resided in the United States for more than two years before his detention.
2. Aleskerov's mandatory detention under § 1225(b)(2)(A), without an opportunity for a bond hearing, violates procedural due process.
3. A claim by an immigration detainee seeking release from confinement falls within the core of habeas corpus and may be brought under § 2241 in the district of confinement.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A) authorizes mandatory detention of a noncitizen who previously entered the United States without inspection, was released into the country, and is not presently affirmatively seeking admission.
2. Whether continued mandatory detention under § 1225(b)(2)(A), without an opportunity for a bond hearing, violates procedural due process.
3. Whether the district court may grant § 2241 habeas relief to an immigration detainee seeking release from confinement.

Disposition

writ_granted