Kerolos Gergawi v. Christopher LaRose; Sidney Aki; Todd Lyons; Kristi Noem; Pamela Bondi; U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement

Summary

The United States District Court for the Southern District of California grants Kerolos Gergawi’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that 8 U.S.C. § 1225 does not govern his detention after he was released on his own recognizance and that his re-detention without notice or an opportunity to be heard violated procedural due process. The court orders his immediate release subject to the conditions of his preexisting conditional parole and directs the parties to file a status report.

Holdings

1. The jurisdiction-stripping provisions of 8 U.S.C. § 1252 did not deprive the district court of jurisdiction to hear Gergawi's detention claims through a petition for a writ of habeas corpus.
2. 8 U.S.C. § 1225 did not apply to Gergawi's re-detention and therefore did not preclude relief on the merits.
3. Respondents violated Gergawi's procedural due process rights by re-detaining him without providing notice or an opportunity to be heard concerning revocation of his conditional parole.

Questions Presented

1. Whether 8 U.S.C. § 1252 stripped the district court of jurisdiction over Gergawi's habeas claims.
2. Whether Gergawi's detention after his prior release on his own recognizance was governed by the mandatory-detention provision in 8 U.S.C. § 1225.
3. Whether Respondents violated procedural due process by revoking Gergawi's conditional parole and re-detaining him without notice or an opportunity to be heard.

Disposition

writ_granted