Singh v. Noem

Summary

The United States District Court for the Northern District of Iowa granted Rashpal Singh’s 28 U.S.C. § 2241 habeas petition, holding that he was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and instead remained eligible for bond under § 1226(a). The court directed respondents to immediately release Singh on his previously set $7,500 bond because they offered no evidence of changed circumstances warranting revocation. The court denied Singh’s motion to strike the respondents’ response.

Holdings

1. Singh was not subject to mandatory detention under § 1225(b)(2); the court applied its prior reasoning that similarly situated aliens do not fall within that provision.
2. Singh was entitled to immediate release on the conditions of his previously set $7,500 bond because the respondents offered no evidence of changed factual circumstances warranting revocation.
3. The court denied Singh's motion to strike the respondents' resistance.

Questions Presented

1. Whether Singh was subject to mandatory detention under 8 U.S.C. § 1225(b)(2), or instead eligible for bond under 8 U.S.C. § 1226(a).
2. Whether Singh was entitled to release on the previously set $7,500 bond.
3. Whether Singh's motion to strike the respondents' resistance should be granted.

Disposition

writ_granted