Antonio Lopez Del Valle v. Brian English

Summary

The court conditionally grants Antonio Lopez Del Valle's petition for a writ of habeas corpus challenging his detention during immigration removal proceedings. It holds that the mandatory detention provision of 8 U.S.C. § 1225(b)(2) does not apply to a noncitizen arrested in the interior of the United States years after arrival, and that detention is instead governed by 8 U.S.C. § 1226(a). The respondent must provide an individualized bond hearing within seven days or release Lopez Del Valle.

Holdings

1. The mandatory-detention provision of 8 U.S.C. § 1225(b)(2) does not apply to individuals like Lopez Del Valle who are arrested within the interior of the United States years after their arrival and are not seeking admission at a port of entry.
2. Because Lopez Del Valle was detained under § 1226(a), he was entitled to an individualized bond hearing; the immigration judge erred by treating him as categorically ineligible for bond under § 1225(b)(2).
3. The appropriate remedy was a prompt individualized bond hearing rather than immediate release, but the government was required to release Lopez Del Valle if it failed to provide the hearing within seven days.

Questions Presented

1. Whether the district court had jurisdiction under 28 U.S.C. § 2241 to review Lopez Del Valle's challenge to his immigration detention.
2. Whether the mandatory-detention provision in 8 U.S.C. § 1225(b)(2) applies to a noncitizen arrested in the interior of the United States years after entering without inspection.
3. Whether Lopez Del Valle was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a).
4. Whether the court should order immediate release or instead require the government to provide a prompt individualized bond hearing.

Disposition

writ_granted