Alex Estuardo Hernandez Perez v. Arthur Maglinger, et al.

Summary

The United States District Court for the Western District of Kentucky grants Alex Estuardo Hernandez Perez’s petition for a writ of habeas corpus. The court concludes that Perez, who had lived in the United States for approximately fifteen years and was detained pursuant to a Form I-200 warrant, was detained under 8 U.S.C. § 1226 rather than the mandatory-detention provisions of 8 U.S.C. § 1225, entitling him to a bond hearing before an immigration judge.

Holdings

1. Section 1226, not § 1225(b)(2)(A), governed Perez's detention because he was already present in the United States, was not presently seeking admission, and had been arrested pursuant to a Form I-200 warrant authorized by § 1226.
2. Perez's continued detention without a merits bond hearing violated the Fifth Amendment Due Process Clause and the Immigration and Nationality Act.
3. The proper remedy was immediate release from the unlawful detention and a neutral bond hearing before an immigration judge before any redetention.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A), or instead 8 U.S.C. § 1226(a), governed the detention of a noncitizen who had entered the United States without inspection, had lived in the country for approximately fifteen years, and was detained pursuant to a Form I-200 warrant while removal proceedings were pending.
2. Whether continued detention under the circumstances violated the Fifth Amendment Due Process Clause.
3. Whether habeas relief should include immediate release and a bond hearing before a neutral immigration judge.

Disposition

writ_granted