Nicolas Vega Sanchez v. Kristi Noem, et al.

Summary

The Report and Recommendation addresses Nicolas Vega Sanchez’s verified petition for a writ of habeas corpus challenging his detention under 8 U.S.C. § 1225(b)(2). The magistrate judge concludes that his detention is governed by 8 U.S.C. § 1226(a), entitling him to an individualized bond hearing before an immigration judge. The court recommends that Respondents provide the hearing within seven days or release Sanchez, substitute the proper custodian as Respondent, and permit a later motion for attorney’s fees and costs if the recommendation is adopted.

Holdings

1. The person having custody of the detained petitioner is the proper respondent; the court recommended substituting Cynthis Swain as respondent and dismissing the remaining respondents.
2. Section 1226(a), rather than 8 U.S.C. § 1225(b)(2), governs the detention of a noncitizen who has resided in the United States and was apprehended inside the country, where the Notice to Appear charges the person as present without admission or parole rather than as an arriving alien.
3. Because Sanchez's detention is governed by § 1226(a), he is entitled to an individualized bond hearing before an immigration judge; the respondents should either provide the hearing within seven days or release him.

Questions Presented

1. Whether the immediate custodian is the proper respondent in Sanchez's habeas petition.
2. Whether detention of a noncitizen who has long been present in the United States and was apprehended inside the country is governed by 8 U.S.C. § 1225(b)(2) or 8 U.S.C. § 1226(a).
3. Whether Sanchez is entitled to an individualized bond hearing before an immigration judge or release.
4. Whether Sanchez should be permitted to seek attorney's fees and costs under the Equal Access to Justice Act if the report and recommendation is adopted.

Disposition

other