Fernando Gonzalez Gonzalez v. Mike Lewis, et al.

Summary

The United States District Court for the Western District of Kentucky grants Fernando Gonzalez Gonzalez’s petition for a writ of habeas corpus. The court holds that 8 U.S.C. § 1226, rather than § 1225(b)(2), governs his detention because he was not seeking admission to the United States. It concludes that his continued detention without a neutral bond hearing violated due process and orders his immediate release, subject to a bond hearing before an immigration judge before any re-detention.

Holdings

1. Section 1226, rather than § 1225(b)(2)(A), governed Gonzalez's detention because he was not seeking admission to the United States within the meaning of § 1225(b)(2)(A).
2. Gonzalez's continued detention violated the Due Process Clause and the INA because he had not received an individualized merits bond hearing before a neutral immigration judge.
3. The appropriate remedy was immediate release from the unlawful detention, followed by a bond hearing on the merits before a neutral immigration judge before any re-detention.

Questions Presented

1. Whether Gonzalez was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) or detention under 8 U.S.C. § 1226.
2. Whether Gonzalez's continued immigration detention without an individualized merits bond hearing violated the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act.
3. Whether habeas relief should require immediate release and a bond hearing before a neutral immigration judge before any re-detention.

Disposition

writ_granted