Samad Mamirovich Ernazarov v. Allan Crosby, Jail Administrator, and Liberty County Jail

Summary

The United States District Court for the Northern District of Florida adopted a magistrate judge’s report and recommendation in a 28 U.S.C. § 2241 habeas case concerning an immigration detainee’s entitlement to a bond hearing or release. Relying on Eleventh Circuit precedent, the court ordered the government to provide Petitioner with an individualized bond hearing under 8 U.S.C. § 1226(a) within seven days or release him. The court also denied the motion to expedite as moot and directed the clerk to close the case.

Holdings

1. The government must provide Ernazarov with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) within seven days or release him.
2. The government did not clearly show that the entry-fiction doctrine applied to Ernazarov under these circumstances; therefore, the doctrine did not prevent the court from ordering a § 1226(a) bond hearing or release.

Questions Presented

1. Whether Ernazarov was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a) or release while his immigration proceedings continued.
2. Whether the entry-fiction doctrine required treating Ernazarov as an applicant for admission at the border despite his apprehension in the interior after the expiration of parole.

Disposition

other