Roberto Salazar Rodriguez v. Kristi Noem, et al.

Summary

The United States District Court for the Western District of Kentucky grants Roberto Salazar Rodriguez’s petition for a writ of habeas corpus challenging his detention under 8 U.S.C. § 1225 rather than § 1226. The court concludes that Rodriguez, who had lived in the United States for approximately twenty years after entering without inspection, was not seeking admission and was entitled to a custody determination and bond hearing under § 1226, with related Fifth Amendment due process protections.

Holdings

1. Section 1226, not § 1225(b)(2)(A), governs the detention of Rodriguez because he was already present in the United States, was arrested pursuant to a Form I-200 warrant, and was not seeking admission at the time of arrest.
2. Rodriguez’s continued detention without a merits bond hearing violated the Fifth Amendment Due Process Clause and the INA.
3. The appropriate remedy was immediate release from the unlawful detention, together with a bond hearing before a neutral immigration judge before any re-detention.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A), rather than 8 U.S.C. § 1226, governs the detention of a noncitizen who entered the United States without inspection, has been present in the country for approximately twenty years, and is not currently seeking admission.
2. Whether Rodriguez’s continued detention without an individualized bond hearing violated the Fifth Amendment Due Process Clause and the Immigration and Nationality Act.
3. What remedy is appropriate for detention that violated the INA and due process.

Disposition

writ_granted