Juan Correa-Luz v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan conditionally granted Juan Correa-Luz’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that 8 U.S.C. § 1226(a), rather than the mandatory-detention provision in § 1225(b)(2)(A), governs his detention and ordered Respondents to provide a bond hearing within five business days or release him.

Holdings

1. The court declined to enforce prudential exhaustion and alternatively concluded that waiver of exhaustion was appropriate.
2. Section 1226(a), not § 1225(b)(2)(A), governs detention of a noncitizen who has 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 Field Office Director, the Secretary of Homeland Security, and the Acting Director of ICE.

Questions Presented

1. Whether prudential exhaustion of administrative remedies should be enforced before considering Petitioner's § 2241 challenge to immigration detention.
2. Whether 8 U.S.C. § 1225(b)(2)(A), rather than 8 U.S.C. § 1226(a), governs the detention of a noncitizen who has resided in the United States 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 a § 2241 challenge to Petitioner's detention.

Disposition

writ_granted