Jesus Sanchez Romero v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan conditionally granted Jesus Sanchez Romero’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that detention was governed by 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A), and ordered Respondents to provide a bond hearing or release Romero, while dismissing several named Respondents.

Holdings

1. The Court declined to enforce prudential exhaustion against Petitioner and alternatively concluded that waiver of exhaustion was appropriate.
2. Section 1226(a), not § 1225(b)(2)(A), governs detention of a noncitizen such as Petitioner who had resided in the United States and was already within the United States when apprehended and arrested.
3. Petitioner's current detention under the mandatory-detention framework of § 1225(b)(2)(A) violates the Fifth Amendment Due Process Clause.
4. The ICE Detroit Field Office Director is not the only proper Respondent. The Court retained the ICE Detroit Field Office Director and the Secretary of Homeland Security, while dismissing the Department of Homeland Security, the Attorney General, and the Executive Office for Immigration Review as Respondents.

Questions Presented

1. Whether prudential exhaustion of administrative remedies should be enforced against Petitioner's § 2241 challenge to his immigration detention.
2. Whether 8 U.S.C. § 1226(a), rather than 8 U.S.C. § 1225(b)(2)(A), governs detention of a noncitizen who entered the United States, resided here, and was apprehended within the United States.
3. Whether Petitioner's detention under the mandatory-detention framework of § 1225(b)(2)(A) violates the Fifth Amendment Due Process Clause.
4. Whether the ICE Detroit Field Office Director is the only proper Respondent in the habeas action.
5. What relief is appropriate for the unlawful detention.

Disposition

writ_granted