Navneesh Kumar v. Mike Lewis, et al.

Summary

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

Holdings

1. Section 1226, rather than Section 1225(b)(2), governed Kumar's detention because he was not seeking admission, had been released into the interior after issuance of a Notice to Appear, and was arrested pursuant to an I-200 warrant whose authority arose under Section 1226.
2. Kumar's continued detention violated the Fifth Amendment Due Process Clause and the INA because he had been detained under Section 1226 without a merits bond hearing before a neutral immigration judge.
3. The proper remedy was immediate release from the unlawful detention and provision of a bond hearing on the merits before a neutral immigration judge before any re-detention.

Questions Presented

1. Whether Kumar's detention was governed by 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226.
2. Whether Kumar's continued detention without an individualized 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 followed by a bond hearing before a neutral immigration judge.

Disposition

writ_granted