Neri Sheyla Garcia Vasquez v. Jason Woosley, et al.

Summary

The United States District Court for the Western District of Kentucky grants Neri Sheyla Garcia Vasquez’s motion to reopen her habeas corpus proceeding after she was re-detained following the prior closure of her case. Applying Sixth Circuit precedent, the court concludes that her detention is governed by 8 U.S.C. § 1226(a), rather than § 1225(b)(2), and that continued detention without a bond hearing violates the Fifth Amendment. The court orders her immediate release, a bond hearing before a neutral immigration judge, and certification of compliance.

Holdings

1. Re-detention shortly after release constituted extraordinary circumstances warranting reopening under Federal Rule of Civil Procedure 60(b)(6), and the newly available evidence of re-detention also satisfied Rule 60(b)(2).
2. The detention of a noncitizen who entered the United States without inspection and resided in the interior is governed by 8 U.S.C. § 1226(a), rather than the mandatory-detention provision of § 1225(b)(2).
3. Vasquez's continued detention without a bond hearing violated the Due Process Clause of the Fifth Amendment.
4. The court granted the habeas petition, ordered the United States to release Vasquez immediately, and required a bond hearing before a neutral immigration judge pursuant to § 1226.

Questions Presented

1. Whether Vasquez was entitled to reopen the closed habeas proceeding under Federal Rule of Civil Procedure 60(b) after ICE re-detained her shortly after her release.
2. Whether detention of a noncitizen who entered the United States without inspection and has resided in the interior is governed by 8 U.S.C. § 1225(b)(2) or 8 U.S.C. § 1226(a).
3. Whether continued detention without a bond hearing violated Vasquez's due process rights under the Fifth Amendment.
4. Whether Vasquez was entitled to immediate release and a bond hearing before a neutral immigration judge.

Disposition

writ_granted