Summary
The United States District Court for the Western District of New York granted Mohamedou Hamoud’s habeas petition under 28 U.S.C. § 2241 to the extent it sought a bond hearing. The court ordered an immigration bond hearing with the government bearing the burden to prove dangerousness or flight risk by clear and convincing evidence, and required consideration of less-restrictive alternatives, ability to pay, and alternative conditions of release. Respondents were also directed to file a status update.
Topics
Practice areas
Questions Presented
- Whether Hamoud, a noncitizen present in the United States without having been admitted or paroled, was subject to detention under 8 U.S.C. § 1226 rather than mandatory detention under 8 U.S.C. § 1225(b)(2).
- Whether Hamoud was entitled to a bond hearing at which the government bears the burden of proving dangerousness or flight risk by clear and convincing evidence and the immigration judge considers alternatives to detention and Hamoud's ability to pay.
Holdings
- A noncitizen present in the United States without having been admitted or paroled is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead is subject to detention under 8 U.S.C. § 1226.
- Hamoud was entitled to a bond hearing before an immigration judge, at which the government must prove dangerousness or flight risk by clear and convincing evidence; the judge must consider less-restrictive alternatives, ability to pay, and alternative conditions of release.
Key quotations
“At this bond hearing, the government will have the burden to demonstrate dangerousness or flight risk by clear and convincing evidence.”
“Thus, in order to continue Petitioner’s detention after any bond hearing, the IJ must find by clear and convincing evidence and make findings that no condition or combination of conditions of release can reasonably ensure Petitioner’s appearance and the safety of the community”
Factual background
Mohamedou Hamoud was detained by U.S. Immigration and Customs Enforcement at the Buffalo Federal Detention Facility in Batavia, New York, pending removal proceedings. He alleged that his continued immigration detention violated the United States Constitution and sought relief under § 2241. The Court treated his detention as governed by 8 U.S.C. § 1226 rather than the mandatory-detention provision in § 1225(b)(2), consistent with its prior decisions concerning noncitizens present without admission or parole.
Procedural history
Hamoud filed a § 2241 petition challenging his detention pending removal proceedings. After the Court directed Respondents to show cause why a bond hearing should not be ordered in light of the Court's prior decisions, Respondents acknowledged that those decisions controlled and that Hamoud was entitled to a bond hearing. The Court granted the petition to that extent and ordered a bond hearing subject to specified procedures.
Remand instructions
Respondents must provide Hamoud a bond hearing before an immigration judge on or before December 30, 2025, subject to a reasonable continuance requested by Hamoud. Respondents must file a status update with the Court by January 2, 2026.