Ubaldino Duque Tenas v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan conditionally granted Ubaldino Duque Tenas’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that detention of a noncitizen who had resided in the United States and was apprehended within the country is governed by 8 U.S.C. § 1226(a), rather than the mandatory-detention provision of § 1225(b)(2)(A), and that the detention framework violated due process. Respondents were ordered to provide a bond hearing within five business days or release the petitioner, and certain respondents were dismissed.

Holdings

1. The court declined to enforce prudential exhaustion against petitioner and held in the alternative that waiver of exhaustion was appropriate.
2. Section 1226(a), rather than § 1225(b)(2)(A), governs detention of a noncitizen who has resided in the United States and was already present in the country when apprehended and arrested.
3. Petitioner's continued detention under the mandatory-detention framework of § 1225(b)(2)(A) violated the Fifth Amendment Due Process Clause.
4. The ICE Detroit Field Office Director and the Secretary of the Department of Homeland Security were proper respondents, while the United States Department of Homeland Security, the Attorney General, the Executive Office for Immigration Review, and the Warden of North Lake Processing Center were dismissed as respondents.

Questions Presented

1. Whether the court should enforce prudential exhaustion of administrative remedies before considering petitioner's § 2241 challenge to immigration detention.
2. Whether 8 U.S.C. § 1225(b)(2)(A), or instead 8 U.S.C. § 1226(a), governs the detention of a noncitizen who had resided in the United States and was apprehended within the country.
3. Whether petitioner's detention without a bond hearing under the mandatory-detention framework violated the Fifth Amendment Due Process Clause.
4. Which respondents were proper parties capable of complying with an order for a bond hearing or release.

Disposition

writ_granted