Ankit Ankit v. Mike Lewis, et al.

Summary

The United States District Court for the Western District of Kentucky granted Ankit Ankit’s petition for a writ of habeas corpus challenging his immigration detention. The court held that 8 U.S.C. § 1226, rather than § 1225(b)(2), governed the detention and that continued detention without a merits bond hearing violated due process. The court ordered Ankit’s immediate release and required a bond hearing before a neutral immigration judge before any re-detention.

Holdings

1. Section 1226, rather than § 1225(b)(2), governed Ankit's detention because he had been present in the United States for approximately three years and was not seeking admission.
2. Ankit's continued detention under § 1226 without a merits bond hearing violated the Due Process Clause and the INA.
3. The appropriate remedy was immediate release from the unlawful detention, followed by a merits bond hearing before a neutral immigration judge before any re-detention.

Questions Presented

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

Disposition

writ_granted