Aziz Khasanov v. Michael Rose, et al.

Summary

The United States District Court for the Middle District of Pennsylvania grants Aziz Khasanov’s 28 U.S.C. § 2241 petition challenging his detention by ICE without a bond hearing. The court holds that 8 U.S.C. § 1226(a), rather than the mandatory-detention provisions of § 1225(b), governs because Khasanov was arrested after residing in the United States, notwithstanding his prior humanitarian parole. The court concludes that continued detention without a bond hearing violates the Fifth Amendment and orders the Government to provide a hearing or release him.

Holdings

1. Section 1225(b) applies to individuals detained while entering or attempting to enter the United States, whereas § 1226(a) generally applies to aliens already present in the United States who are arrested and detained pending removal proceedings. Because Khasanov was arrested after residing in the United States for an extended period, his detention was governed by § 1226(a), not § 1225(b).
2. Khasanov's prior humanitarian parole did not make him an arriving alien subject to mandatory detention under § 1225(b). A person who entered, was paroled, and remained in the United States for an extended period is not an alien arriving in the United States when later arrested.
3. Khasanov's continued detention without a bond hearing violated the Fifth Amendment Due Process Clause. Because § 1226(a) governed his detention, he was entitled to a bond hearing, and the Government was required to provide one or release him.

Questions Presented

1. Whether Khasanov's detention was governed by the mandatory-detention provisions of 8 U.S.C. § 1225(b) or the discretionary-detention provisions of 8 U.S.C. § 1226(a).
2. Whether Khasanov's prior humanitarian parole made him an arriving alien subject to mandatory detention under § 1225(b).
3. Whether continued detention without a bond hearing violated Khasanov's Fifth Amendment due process rights.

Disposition

writ_granted