Catalino Ortega v. Pamela Bondi, et al.

Summary

The Southern District of Florida granted in part and denied in part Catalino Ortega’s petition for a writ of habeas corpus challenging his detention under 8 U.S.C. § 1225(b)(2). Applying binding Eleventh Circuit precedent, the court held that Ortega, who was apprehended in the interior of the United States years after entering without inspection, was detained under 8 U.S.C. § 1226(a) and was entitled to a bond hearing. The court ordered Respondents to provide a bond hearing within seven days or release Ortega under reasonable conditions of supervision.

Holdings

1. Section 1252(g) did not deprive the district court of jurisdiction because Ortega challenged the underlying statutory basis for his detention rather than a discretionary decision concerning the commencement, adjudication, or execution of removal proceedings.
2. The court excused exhaustion because an appeal to the Board of Immigration Appeals would be futile in light of the BIA's decision in Matter of Yajure Hurtado.
3. Section 1225(b)(2)(A) does not authorize mandatory detention without bond of a noncitizen who entered without inspection, was apprehended in the interior years later, and was not seeking lawful entry when detained.
4. Because § 1225(b)(2)(A) did not authorize Ortega's detention, he was detained under § 1226(a) and was entitled to a bond hearing to determine whether dangerousness or flight risk justified continued detention.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction to review Ortega's challenge to the statutory basis for his immigration detention.
2. Whether prudential exhaustion of administrative remedies should be excused because an appeal to the Board of Immigration Appeals would be futile.
3. Whether an alien who entered the United States without inspection, was apprehended in the interior years later after a traffic stop, and was not seeking lawful entry may be detained without bond under 8 U.S.C. § 1225(b)(2)(A).
4. Whether Ortega was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted