Youssef Naseif v. Christopher J. LaRose, Senior Warden, Otay Mesa Detention Center, et al.

Summary

The United States District Court for the Southern District of California granted Youssef Naseif’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that approximately 14 months of mandatory immigration detention without an individualized bond hearing violated due process and was not barred by 8 U.S.C. § 1252(g) or Department of Homeland Security v. Thuraissigiam. Respondents were directed to arrange a prompt bond hearing before an immigration court, with the government required to justify continued detention by clear and convincing evidence.

Holdings

1. Section 1252(g) did not bar the court from considering Naseif's § 2241 challenge because he challenged the legality and duration of his detention, not the decision to commence proceedings, adjudicate his removal case, or execute a removal order.
2. A noncitizen detained under § 1225(b)(1) may assert a due process challenge to prolonged mandatory detention without an individualized bond hearing.
3. Naseif's approximately fourteen months of detention without a bond hearing had become unreasonable and violated due process.
4. Naseif was entitled to a prompt individualized bond hearing at which respondents must prove by clear and convincing evidence that he would likely flee or pose a danger to the community if released.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over a § 2241 petition challenging the legality and duration of detention during removal proceedings.
2. Whether an arriving noncitizen detained under 8 U.S.C. § 1225(b)(1) may assert a due process challenge to prolonged mandatory detention without an individualized bond hearing.
3. Whether Naseif's approximately fourteen months of detention without a bond hearing had become unreasonable and violated due process.
4. Whether Naseif was entitled to a prompt individualized bond hearing at which the government would bear the burden of proving by clear and convincing evidence that he was a flight risk or danger to the community.

Disposition

writ_granted