Rajbir Singh v. Mike Lewis, et al.

Summary

The United States District Court for the Western District of Kentucky grants Rajbir Singh’s petition for a writ of habeas corpus. The court holds that 8 U.S.C. § 1226, rather than § 1225(b)(2), governs Singh’s detention and that his continued detention without an individualized bond hearing violates due process and the Immigration and Nationality Act. The court orders Singh’s immediate release and requires a bond hearing before a neutral immigration judge before any re-detention.

Holdings

1. Section 1226, rather than Section 1225(b)(2), governed Singh's detention because he was not seeking admission and the Notice to Appear did not designate him as an arriving alien; the I-200 arrest warrant also derived its authority from Section 1226.
2. Singh'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 a bond hearing on the merits before a neutral immigration judge before any re-detention.

Questions Presented

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

Disposition

writ_granted