Abraham Flores Carranza v. Raymond Thompson, et al.

Summary

The United States District Court for the Southern District of Texas denied and dismissed without prejudice Abraham Flores Carranza’s 28 U.S.C. § 2241 habeas petition challenging his mandatory immigration detention under 8 U.S.C. § 1225(b). The court held that the petitioner’s statutory arguments were foreclosed by Fifth Circuit precedent and that his due process claim was precluded at that stage by Supreme Court precedent permitting detention during removal proceedings.

Holdings

1. Carranza was not entitled to habeas relief based on his contention that he should receive a discretionary bond hearing under § 1226(a); his statutory arguments concerning §§ 1225 and 1226 were foreclosed by Buenrostro-Mendez v. Bondi.
2. At this juncture, Carranza's due process challenge to detention was precluded by Demore v. Kim because detention during removal proceedings is constitutionally permissible.
3. Carranza's reliance on Maldonado Bautista did not entitle him to relief because the arguments supporting that reliance were based on an interpretation of §§ 1225 and 1226 rejected in Buenrostro-Mendez.

Questions Presented

1. Whether Carranza was entitled to a bond hearing under 8 U.S.C. § 1226(a) rather than mandatory detention under 8 U.S.C. § 1225(b).
2. Whether Carranza's detention as an applicant for admission violated the Fifth Amendment Due Process Clause.
3. Whether the class action in Maldonado Bautista v. Santacruz provided a basis for habeas relief.

Disposition

dismissed