Mujica-Marquez v. Hoover

Summary

The United States District Court for the Middle District of Pennsylvania granted Luis Mujica-Marquez’s 28 U.S.C. § 2241 petition challenging his detention by ICE without a bond hearing. The court held that 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b), governed because Mujica-Marquez had already entered and resided in the United States before his arrest. The court concluded that continued detention without a bond hearing violated the Fifth Amendment and ordered the Government to provide a bond hearing or release him.

Holdings

1. Section 1226(a), rather than § 1225(b)(2)(A), governs an individual who was arrested after entering and residing in the United States for an extended period; § 1225(b) applies to individuals detained while entering or actively attempting to enter the country.
2. Because § 1226(a) applies, mandatory detention is not warranted and Mujica-Marquez must receive a bond hearing.
3. Mujica-Marquez's continued detention without a bond hearing violates his Fifth Amendment due process rights.

Questions Presented

1. Whether an individual who entered the United States and was arrested after residing in the country for an extended period is subject to detention under 8 U.S.C. § 1225(b) or 8 U.S.C. § 1226(a).
2. Whether detention under § 1226(a) entitles the detainee to a bond hearing.
3. Whether continued detention without a bond hearing violates the detainee's Fifth Amendment due process rights.

Disposition

granted