Jhensi Camila Fuentes Herrera v. Kristi Noem, et al.

Summary

The United States District Court for the Western District of Kentucky considers whether an Ecuadorian noncitizen detained during removal proceedings is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) or discretionary detention under 8 U.S.C. § 1226. The court concludes that § 1226 applies because the petitioner had been present in the United States for approximately two years, was not seeking admission, and was arrested under a Form I-200 warrant. The court grants the petition for a writ of habeas corpus.

Holdings

1. Section 1226(a), not the mandatory-detention provision of § 1225(b)(2)(A), governs Herrera's detention because she had been present in the United States for approximately two years, was not presently seeking admission, and was arrested under a Form I-200 warrant during removal proceedings.
2. Herrera's continued detention without an individualized merits bond hearing violated the Fifth Amendment Due Process Clause and the INA.
3. The court ordered Herrera's immediate release and required the government to provide a neutral merits bond hearing before an immigration judge before any re-detention.

Questions Presented

1. Whether Herrera's detention was governed by the mandatory-detention provision of 8 U.S.C. § 1225(b)(2)(A) or the discretionary detention and bond-hearing framework of 8 U.S.C. § 1226(a).
2. Whether Herrera's continued detention without a merits bond hearing violated the Fifth Amendment Due Process Clause and the Immigration and Nationality Act.
3. Whether habeas relief should include immediate release and a bond hearing before an immigration judge.

Disposition

writ_granted