Brayan Alexis Gramajo-Zabaleta v. Todd Blanche, Acting Attorney General of the United States, et al.

Summary

The United States District Court for the Southern District of Florida grants in part a habeas petition challenging the detention of Brayan Alexis Gramajo-Zabaleta without an individualized bond hearing. The Court holds that the petitioner, who had lived in the United States since 2016, is detained under 8 U.S.C. § 1226(a), rather than § 1225(b)(2), and orders an individualized bond hearing or release. The Court declines to reach the merits of the remaining due process and Administrative Procedure Act claims and excuses exhaustion as futile.

Holdings

1. A noncitizen who has lived in the United States for years and was already present when apprehended is governed by the discretionary detention framework of § 1226(a), rather than the mandatory detention framework of § 1225(b)(2), when the noncitizen was not seeking admission.
2. Because § 1226(a) governed petitioner's detention, petitioner was entitled to an individualized bond hearing under that provision.
3. Prudential exhaustion was excused because a subsequent bond appeal to the Board of Immigration Appeals would have been futile in light of Matter of Yajure Hurtado.

Questions Presented

1. Whether petitioner, who had lived in the United States for years after entering without inspection, was detained under the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2) or the discretionary detention provisions of § 1226(a).
2. Whether petitioner was entitled to an individualized bond hearing under § 1226(a).
3. Whether exhaustion of administrative remedies should be excused as futile.
4. Whether the court needed to reach petitioner's due process and Administrative Procedure Act claims after granting relief under the Immigration and Nationality Act.

Disposition

other