Angel Campos Paz v. Kelei Walker, et al.

Summary

The United States District Court for the Southern District of Florida granted Angel Campos Paz’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that Petitioner was improperly classified as an applicant for admission subject to detention under 8 U.S.C. § 1225(b)(2)(A), rather than as a detainee subject to 8 U.S.C. § 1226(a). Respondents were ordered to provide an individualized bond hearing within 10 days and to report its outcome, and the case was closed.

Holdings

1. Petitioner was unlawfully detained because he was improperly classified as an alien subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A); his proper classification was as a detainee under 8 U.S.C. § 1226(a).
2. Respondents were required to provide Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) within ten days of the order.

Questions Presented

1. Whether Petitioner was unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) rather than 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted