Fedlin Devilmar v. U.S. Immigration and Customs Enforcement ICE; and Otay Mesa Detention Center

Summary

The United States District Court for the Southern District of California granted Fedlin Devilmar’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court ordered Respondents to provide a bond determination hearing under 8 U.S.C. § 1226(a), file a notice of compliance, and close the case after receiving that notice.

Holdings

1. The court declined to dismiss the petition on the naming and jurisdictional ground and addressed the petition on its merits.
2. Because Respondents acknowledged that Petitioner was detained under 8 U.S.C. § 1226(a) and was covered by Maldonado Bautista, the court granted the habeas petition and ordered Respondents to provide a bond determination hearing within ten days.

Questions Presented

1. Whether the court should dismiss the § 2241 petition for lack of jurisdiction because Petitioner failed to name the warden of Otay Mesa Detention Center as a respondent.
2. Whether Petitioner, as a person detained under 8 U.S.C. § 1226(a) and covered by Maldonado Bautista, was entitled to a bond determination hearing.

Disposition

writ_granted