Siarhei Viantsko v. Craig A. Lowe, et al.

Summary

The court granted Siarhei Viantsko’s 28 U.S.C. § 2241 petition challenging his continued detention by ICE without a bond hearing. It held that 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b), governed because Viantsko was arrested after residing in the United States for an extended period. The court concluded that continued detention without a bond hearing violated due process and ordered the Government to provide a bond hearing or release him.

Holdings

1. The Immigration and Nationality Act does not strip the district court of jurisdiction over Viantsko's core habeas challenge to his continued detention without a bond hearing.
2. Because Viantsko was arrested after entering and residing in the United States for an extended period, his detention is governed by 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2)(A), and he must receive a bond hearing.
3. Viantsko's continued detention without a bond hearing violates the Fifth Amendment Due Process Clause.

Questions Presented

1. Whether the district court had jurisdiction under 28 U.S.C. § 2241 to review Viantsko's challenge to his continued immigration detention.
2. Whether Viantsko's detention was governed by 8 U.S.C. § 1225(b), which provides for mandatory detention without a bond hearing, or by 8 U.S.C. § 1226(a), which permits detention and requires access to a bond hearing.
3. Whether continued detention without a bond hearing violated Viantsko's Fifth Amendment right to due process.

Disposition

writ_granted