Daniel Castellanos Lopez v. Warden, Otay Mesa Detention Center, et al.

Summary

The United States District Court for the Southern District of California granted Daniel Castellanos Lopez’s 28 U.S.C. § 2241 petition challenging his immigration detention without a bond hearing. The Court held that 8 U.S.C. § 1225(b)(2)(A) did not mandate his detention because he had lived in the United States for many years and was not seeking admission when apprehended. The Court ordered Respondents to arrange a bond hearing under 8 U.S.C. § 1226(a) within seven days, while denying immediate release and other relief.

Holdings

1. The jurisdictional bars in 8 U.S.C. § 1252(g) and § 1252(b)(9) did not bar the district court from hearing Petitioner's habeas challenge because he challenged the legality of his detention rather than a removal order, the decision to commence proceedings, or the process by which removability would be determined.
2. Petitioner was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A); because he had long been present in the United States and was not actively seeking admission when arrested, his detention was governed by § 1226(a).
3. Petitioner was entitled to a bond hearing before an immigration judge under 8 U.S.C. § 1226(a).

Questions Presented

1. Whether 8 U.S.C. § 1252(g) or § 1252(b)(9) deprived the district court of jurisdiction over a habeas challenge to the legality of Petitioner's immigration detention.
2. Whether Petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) or instead was detained under the discretionary detention and bond framework of § 1226(a).
3. Whether Petitioner was entitled to a bond hearing before an immigration judge.

Disposition

writ_granted