Jashandeep Singh v. Todd M. Lyons, Acting Director, Immigration and Customs Enforcement, et al.

Summary

The United States District Court for the Middle District of Pennsylvania sustains Jashandeep Singh’s objections to a magistrate judge’s recommendation and grants his habeas corpus petition under 28 U.S.C. § 2241. The court holds that Singh’s immigration detention is governed by the discretionary detention provision of 8 U.S.C. § 1226(a), rather than the mandatory detention provision of 8 U.S.C. § 1225(b)(2)(A). Respondents are ordered to provide a bond hearing within seven days or release Singh without bond or conditions, and Singh may seek attorneys’ fees and costs under the Equal Access to Justice Act.

Holdings

1. Section 1225(b)(2)(A) does not apply to Singh because he was not actively seeking admission at the border or port of entry; his detention was governed by 8 U.S.C. § 1226(a).
2. Because § 1226(a), rather than § 1225(b)(2)(A), governed Singh's detention, he was entitled to a bond hearing.
3. The court had jurisdiction under 28 U.S.C. § 2241 because Singh was detained within the court's territorial jurisdiction and alleged that his detention violated federal law and due process.
4. Singh was permitted to file a motion for attorney's fees and costs under the Equal Access to Justice Act within 30 days after entry of judgment.

Questions Presented

1. Whether Singh's interior immigration detention was governed by the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A) or the discretionary-detention provision in § 1226(a).
2. Whether Singh was entitled to a bond hearing while detained under the applicable statutory provision.
3. Whether the district court had habeas jurisdiction under 28 U.S.C. § 2241.
4. Whether Singh could seek attorney's fees and costs under the Equal Access to Justice Act.

Disposition

writ_granted