Marvin Rocael Godinez Garcia v. Jeremy Casey, Warden, Imperial Regional Detention Center, Calexico, California; Daniel A. Brightman; Todd M. Lyons; Sirce Owen; Kristi Noem; and Pam Bondi

Summary

The United States District Court for the Southern District of California granted Marvin Rocael Godinez Garcia’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court ordered respondents to provide him with a bond determination hearing under 8 U.S.C. § 1226(a) within seven days and directed his immediate release if they failed to do so.

Holdings

1. Petitioner was entitled to a bond determination hearing under 8 U.S.C. § 1226(a), and respondents were ordered to provide the hearing within seven days.
2. Respondents may not deny petitioner bond on the basis that he is detained under 8 U.S.C. § 1225(b)(2).

Questions Presented

1. Whether petitioner was entitled to a bond determination hearing under 8 U.S.C. § 1226(a).
2. Whether respondents could deny petitioner a bond hearing on the ground that he was detained under 8 U.S.C. § 1225(b)(2).

Disposition

writ_granted