Rolando Chach-Ciprian v. Kristi Noem; Todd Lyons; Patrick Divver; Christopher Larose; Sirce Owens; Pamela Bondi

Summary

The Southern District of California granted Rolando Chach-Ciprian’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that 8 U.S.C. § 1226(a), rather than § 1225(b)(2), governed his detention and ordered respondents to provide a bond redetermination hearing within ten days.

Holdings

1. The jurisdiction-stripping provisions of 8 U.S.C. § 1252 do not strip the district court of jurisdiction to hear a habeas challenge to immigration detention without an adequate bond hearing.
2. Any further administrative-exhaustion requirement was waived in light of Matter of Yajure-Hurtado.
3. Because petitioner was detained by ICE after residing in the United States for many years, his detention was governed by the discretionary-detention provisions of 8 U.S.C. § 1226(a), rather than the mandatory-detention provision of § 1225(b)(2).
4. Petitioner was entitled to a meaningful bond redetermination hearing under 8 U.S.C. § 1226(a), and respondents could not deny bond solely on the ground that petitioner was detained under § 1225(b)(2).

Questions Presented

1. Whether 8 U.S.C. § 1252 stripped the district court of jurisdiction to consider petitioner's challenge to detention without an adequate bond hearing.
2. Whether petitioner was required to exhaust administrative remedies before seeking § 2241 habeas relief.
3. Whether petitioner's detention was governed by 8 U.S.C. § 1225(b)(2) or 8 U.S.C. § 1226(a).
4. Whether petitioner was entitled to a meaningful bond redetermination hearing under § 1226(a).

Disposition

writ_granted