Josefina Lagunes-Barrera v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan conditionally granted Josefina Lagunes-Barrera’s 28 U.S.C. § 2241 petition challenging her immigration detention. The court held that detention was governed by 8 U.S.C. § 1226(a), concluded that detention under the mandatory-detention framework violated due process, and ordered a bond hearing within five business days or immediate release, while dismissing the United States Department of Homeland Security as a respondent.

Holdings

1. The court declined to enforce prudential exhaustion and alternatively concluded that waiver of exhaustion was appropriate.
2. Section 1226(a), not 8 U.S.C. § 1225(b)(2)(A), governs detention of a noncitizen who had resided in the United States and was already within the country 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 was not the only proper respondent. The court retained the Field Office Director and the Secretary of Homeland Security as respondents, while dismissing the United States Department of Homeland Security.

Questions Presented

1. Whether prudential exhaustion of administrative remedies should be enforced before adjudicating petitioner's § 2241 challenge to immigration detention.
2. Whether 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A), governs detention of a noncitizen who had resided in the United States and was apprehended within the country.
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 was the only proper respondent and whether the United States Department of Homeland Security should remain a respondent.

Disposition

writ_granted