Mohammad Hussain Ali Zada v. Angela Dunbar et al.

Summary

The United States District Court for the Western District of Michigan conditionally granted Mohammad Hussain Ali Zada’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), governed his detention and concluded that his continued detention violated the Fifth Amendment. Respondents were ordered to provide a bond hearing within five business days or release him, and certain respondents were dismissed.

Holdings

1. The court declined to enforce prudential exhaustion and alternatively held that waiver of exhaustion was appropriate.
2. Section 1226(a), rather than 8 U.S.C. § 1225(b)(2)(A), governs the detention of a noncitizen who had resided in the United States and was already within the country when apprehended and arrested.
3. Petitioner's 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 to retain, while the Department of Homeland Security, the Attorney General, and the Executive Office for Immigration Review were dismissed as respondents.

Questions Presented

1. Whether the court should enforce prudential exhaustion of administrative remedies before considering the § 2241 petition.
2. Whether 8 U.S.C. § 1225(b)(2)(A) or 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 under the mandatory-detention framework violated the Fifth Amendment Due Process Clause.
4. Which respondents were proper parties to an action seeking an order concerning petitioner's immigration detention, bond hearing, or release.

Disposition

writ_granted