Martin Avila Aranda v. Samuel Olson, et al.

Summary

The United States District Court for the Western District of Kentucky granted Martin Avila Aranda’s petition for a writ of habeas corpus challenging his immigration detention. The court held that 8 U.S.C. § 1226(a), rather than § 1225(b)(2), governed his detention and that he was entitled to a bond determination before a neutral immigration judge. The court ordered Respondents to release Aranda immediately, subject to a bond hearing, and denied the motion to dismiss.

Holdings

1. Section 1252(b)(9) did not bar the court from hearing Aranda's § 2241 challenge to the legality of his detention while his removal proceeding was pending.
2. Section 1252(g) did not deprive the court of jurisdiction because Aranda's detention challenge did not directly concern the Attorney General's decision to commence proceedings, adjudicate cases, or execute removal orders.
3. Aranda's detention was governed by 8 U.S.C. § 1226(a), not the mandatory-detention provision in § 1225(b)(2)(A), because he had been present in the United States for more than 36 years and was not seeking admission.
4. A noncitizen detained under § 1226(a) is entitled to an individualized bond determination before a neutral immigration judge.
5. Aranda's continued detention without an individualized bond hearing violated the Due Process Clause of the Fifth Amendment.

Questions Presented

1. Whether 8 U.S.C. § 1252(b)(9) or § 1252(g) barred the district court from exercising § 2241 habeas jurisdiction over Aranda's challenge to his ongoing immigration detention.
2. Whether Aranda's detention was governed by the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A) or the discretionary detention framework in § 1226(a).
3. Whether continued detention without an individualized bond hearing violated Aranda's Fifth Amendment right to due process.
4. Whether Aranda was entitled to immediate release and a bond hearing before a neutral immigration judge.

Disposition

granted