Ali Mamoud v. Mike Lewis, et al.

Summary

The United States District Court for the Western District of Kentucky granted Ali Mamoud’s petition for a writ of habeas corpus. The court held that 8 U.S.C. § 1226, rather than § 1225(b)(2), governed his detention and that his continued detention without an individualized bond hearing violated due process. The court ordered Mamoud’s immediate release, subject to a bond hearing before a neutral immigration judge, and required the government to certify compliance.

Holdings

1. Section 1226, rather than § 1225(b)(2), governed Mamoud's detention because he was not seeking admission and was arrested pursuant to an I-200 warrant issued under § 1226.
2. Mamoud's continued detention under § 1226 without a merits bond hearing violated the Fifth Amendment Due Process Clause and the INA.
3. The proper remedy for Mamoud's unlawful detention was immediate release and a bond hearing on the merits before a neutral immigration judge before any re-detention.

Questions Presented

1. Whether Mamoud's detention was governed by the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A) or the detention provisions of 8 U.S.C. § 1226.
2. Whether Mamoud's continued detention without a merits bond hearing violated the Fifth Amendment Due Process Clause and the Immigration and Nationality Act.
3. Whether the proper habeas remedy was immediate release and a bond hearing before a neutral immigration judge before any re-detention.

Disposition

writ_granted