Ninoska Reyes Lopez v. Jason Woosley, et al.

Summary

The United States District Court for the Western District of Kentucky granted Ninoska Reyes Lopez’s petition for a writ of habeas corpus challenging her immigration detention. The court held that 8 U.S.C. § 1226, rather than § 1225(b)(2), governed her detention and ordered her immediate release, subject to a bond hearing before a neutral immigration judge before any re-detention.

Holdings

1. Section 1226, rather than § 1225(b)(2), governed Lopez's detention because she was not seeking admission and was already present in the United States and placed in removal proceedings.
2. Lopez's continued detention without an individualized merits bond hearing violated the Due Process Clause and the INA.
3. The appropriate remedy was Lopez's immediate release from the unlawful detention and a merits bond hearing before a neutral immigration judge before any re-detention.

Questions Presented

1. Whether Lopez's detention during removal proceedings was governed by 8 U.S.C. § 1225(b)(2) or 8 U.S.C. § 1226.
2. Whether Lopez's continued detention without an individualized merits bond hearing violated the Due Process Clause and the Immigration and Nationality Act.
3. Whether release and a bond hearing before a neutral immigration judge were appropriate habeas remedies.

Disposition

writ_granted