Cristobal Novas Apolonio v. Joshua Johnson, et al.

Summary

The Southern District of Texas denied a § 2241 habeas petition challenging the petitioner’s continued immigration detention and granted respondents’ motion for summary judgment. The court held that the petitioner’s arguments for discretionary bond under 8 U.S.C. § 1226(a), and his challenge to detention under 8 U.S.C. § 1225(b)(2), were foreclosed by Fifth Circuit precedent. The case was dismissed without prejudice, and any remaining motions were denied as moot.

Holdings

1. Petitioner was not entitled to relief based on his argument that § 1226(a), rather than § 1225(b)(2), governed his detention because the Fifth Circuit's decision in Buenrostro-Mendez foreclosed that interpretation.
2. Petitioner's due process claims were precluded at this juncture because detention during removal proceedings is constitutionally permissible.
3. Respondents were entitled to summary judgment, and the § 2241 petition was denied and dismissed without prejudice.

Questions Presented

1. Whether petitioner 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).
2. Whether petitioner's Fifth Amendment Due Process Clause claims required relief from his detention.
3. Whether respondents were entitled to summary judgment on the § 2241 petition.

Disposition

dismissed