Lisett Pena-Font v. Scott A. Maples, Jr., Samuel Olson, Todd M. Lyons, Markwayne Mullin, and Todd Blanche

Summary

The United States District Court for the Southern District of Indiana grants Lisett Pena-Font's petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that her detention is governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2)(A), and orders the respondents to provide an individualized bond hearing or release her under reasonable conditions of supervision.

Holdings

1. Pena-Font's detention was governed by 8 U.S.C. § 1226(a), not § 1225(b)(2)(A), because she had entered the country, moved to the interior, and was arrested there pursuant to an administrative warrant.
2. Continued detention under § 1226(a) without consideration of bond violates the INA, and Pena-Font was entitled to an individualized bond hearing.
3. Immediate release was not required; the appropriate remedy was an individualized bond hearing, with release from custody required if respondents did not provide the hearing by the court's deadline.

Questions Presented

1. Whether Pena-Font's detention was governed by 8 U.S.C. § 1226(a), which permits discretionary release on bond or conditional parole, or by 8 U.S.C. § 1225(b)(2)(A), which requires detention during removal proceedings.
2. Whether continued detention without an individualized bond hearing violated the Immigration and Nationality Act.
3. What remedy was appropriate for detention that violated § 1226(a).

Disposition

writ_granted