Ivania Del Carmen Flores-Garcia v. Samuel Olson, et al.

Summary

The United States District Court for the Western District of Kentucky grants Ivania Del Carmen Flores-Garcia’s petition for a writ of habeas corpus. The court holds that 8 U.S.C. § 1226, rather than § 1225(b)(2), governs her immigration detention and that her continued detention without a bond hearing violates due process. The court orders her immediate release, requires a bond hearing before a neutral immigration judge before any re-detention, and directs the United States to certify compliance.

Holdings

1. Section 1226, rather than § 1225(b)(2), governed Flores-Garcia's detention because she was not seeking admission and the circumstances of her arrest and removal proceedings placed her detention under § 1226.
2. Flores-Garcia's continued detention without a merits bond hearing violated the Fifth Amendment Due Process Clause and the INA.
3. The proper remedy was immediate release from the unlawful detention and a neutral merits bond hearing before an immigration judge under § 1226 before any re-detention.

Questions Presented

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

Disposition

writ_granted