Orlando Alfredo Gimenez Gil v. Warden, Otay Mesa Detention Center, et al.

Summary

The United States District Court for the Southern District of California granted Orlando Alfredo Gimenez Gil’s petition for a writ of habeas corpus challenging his immigration detention. Applying the Mathews v. Eldridge balancing test, the court held that re-detaining him after parole and dismissal of his prior removal proceedings, without notice or an opportunity to contest detention, violated the Fifth Amendment. The court ordered his immediate release and prohibited re-detention absent a pre-deprivation hearing establishing changed circumstances related to flight risk or danger.

Holdings

1. Sections 1252(b)(9) and 1252(g) do not strip the district court of jurisdiction over Petitioner's habeas challenge to his detention.
2. Section 1252(a)(2)(A) does not bar the district court from considering Petitioner's challenge to detention where there was no final expedited removal order and Petitioner did not challenge such an order.
3. A noncitizen detained under § 1225(b)(1) may assert a Fifth Amendment due process challenge to detention, notwithstanding the Government's reliance on the statutory mandatory-detention scheme.
4. The Government violated Petitioner's Fifth Amendment procedural due process rights by dismissing his removal proceedings, revoking or terminating his parole, and re-detaining him under § 1225 without notice or an opportunity to be heard.

Questions Presented

1. Whether 8 U.S.C. §§ 1252(b)(9) and 1252(g) deprived the district court of jurisdiction over a habeas challenge to Petitioner's detention.
2. Whether 8 U.S.C. § 1252(a)(2)(A) deprived the court of jurisdiction where Petitioner challenged his detention before the issuance of a final expedited removal order.
3. Whether an arriving noncitizen may invoke procedural due process to challenge detention even when detained under 8 U.S.C. § 1225(b)(1).
4. Whether the Fifth Amendment required notice and a pre-deprivation opportunity to be heard before the Government dismissed Petitioner's removal proceedings, revoked or terminated his parole, and re-detained him under § 1225(b)(1).

Disposition

writ_granted