Andrea Romero-Suarez v. Patrick Divver, Field Office Director of Enforcement and Removal Operations, San Diego Field Office, Immigration and Customs Enforcement, et al.

Summary

The United States District Court for the Southern District of California granted Andrea Romero-Suarez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court ordered Respondents to provide an individualized bond hearing before an immigration judge under 8 U.S.C. § 1226(a) within seven days and denied the request for attorney’s fees and costs without prejudice.

Holdings

1. Because petitioner was a member of the Bond Eligible Class and was detained under 8 U.S.C. § 1226(a), she was entitled to an individualized bond hearing before an immigration judge.
2. The request for attorney's fees and costs under the Equal Access to Justice Act was denied without prejudice.

Questions Presented

1. Whether petitioner was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a) based on her membership in the Bond Eligible Class.
2. Whether petitioner was entitled to attorney's fees and costs under the Equal Access to Justice Act.

Disposition

writ_granted