Jasvir Singh v. Michael Rose, et al.

Summary

The United States District Court for the Middle District of Pennsylvania grants Jasvir Singh’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 Singh, who had previously entered and resided in the United States, was not currently seeking admission. The court concludes that detention without a bond hearing violated procedural due process and orders Singh’s immediate release on his own recognizance.

Holdings

1. Section 1225(b)(2)(A) applies only to a noncitizen who is affirmatively and presently seeking admission to the United States. It does not apply to Singh, who had entered and resided in the United States for more than three years before being detained.
2. Mandatory detention of Singh under § 1225(b)(2)(A), without an opportunity for a bond hearing, violated procedural due process.
3. Immediate release on Singh's own recognizance, rather than merely a bond hearing, was appropriate because the mandatory-detention provision relied on by Respondents did not apply and the detention violated procedural due process.
4. The court declined to decide fees and costs immediately but permitted Singh to file an appropriate EAJA motion within thirty days after entry of final judgment.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A) authorizes mandatory detention of a noncitizen who entered the United States years earlier, was released into the country, and is not currently affirmatively seeking admission.
2. Whether mandatory detention under § 1225(b)(2)(A), without an opportunity for a bond hearing, violates the procedural due process rights of such a noncitizen.
3. Whether the court should grant immediate release or order a bond hearing.
4. Whether the court should determine Singh's request for Equal Access to Justice Act fees and costs at that time.

Disposition

writ_granted