Antonio Ortiz v. Warden, Broward Transitional Center, et al.

Summary

The United States District Court for the Southern District of Florida recommends granting Antonio Ortiz’s petition for a writ of habeas corpus. The court concludes that 8 U.S.C. § 1226(a), rather than § 1225(b)(2), governs the detention of a noncitizen who has resided in the United States and was apprehended inland, and recommends an individualized bond hearing within seven days or release.

Holdings

1. For a noncitizen who has resided in the United States and is apprehended while already within the country, detention is governed by 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2).
2. Because Ortiz's detention is governed by § 1226(a), he is entitled to an individualized bond hearing before an immigration judge.
3. The immediate custodian, identified by the respondents as Assistant Field Office Director Juan Gonzalez, should be substituted as the proper respondent, and the remaining respondents should be dismissed.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2), rather than 8 U.S.C. § 1226(a), governs the detention of a noncitizen who has resided in the United States for years and was apprehended within the country rather than upon arrival at the border.
2. Whether Ortiz was entitled to an individualized bond hearing before an immigration judge.
3. Whether the immediate custodian should be substituted as the proper respondent in the habeas proceeding.

Disposition

other