Ofelio Reyes Suarez v. Raymond Thompson, et al.

Summary

The United States District Court for the Southern District of Texas granted Ofelio Reyes Suarez’s petition for a writ of habeas corpus challenging his civil immigration detention under 8 U.S.C. § 1225(b)(2). Applying the Mathews v. Eldridge procedural due process factors, the court held that detention without an individualized assessment, notice, or an opportunity to be heard violated the petitioner’s constitutional rights. The court ordered the respondents to release Suarez within 48 hours, return his identification documents, prohibit removal or transfer under the present detention, and file a status report.

Holdings

1. As applied to petitioner, detention under 8 U.S.C. § 1225(b)(2) without an individualized assessment, notice, or opportunity to be heard violated the Due Process Clause.
2. Release was the appropriate habeas remedy because petitioner was unlawfully detained and respondents identified no process that he could await.
3. Respondents were not entitled to summary judgment because the undisputed facts established that petitioner's detention violated procedural due process.

Questions Presented

1. Whether petitioner's detention under 8 U.S.C. § 1225(b)(2), without an individualized assessment, notice, or opportunity to be heard, violated procedural due process as applied to him.
2. Whether habeas relief under 28 U.S.C. § 2241 should include immediate release rather than merely an order requiring a bond hearing.
3. Whether respondents were entitled to summary judgment on the detention and due-process claims.

Disposition

writ_granted