Jelsson Luis Suarez Pino v. James Bausch, et al.

Summary

The court held that the petitioner, who had applied for admission at a port of entry and was apprehended at or near the border, remained subject to detention under 8 U.S.C. § 1225(b)(2)(A). Applying the Second Circuit's decision in da Cunha v. Freden, the court concluded that the petitioner was not entitled to a bond hearing and denied the habeas petition, directing the clerk to close the case.

Holdings

1. Section 1225(b)(2)(A) applies to a noncitizen who is present in the United States without having been admitted and who is seeking lawful entry after inspection and authorization, including a person who presents at a port of entry or is apprehended at the threshold of initial entry.
2. A noncitizen detained under 8 U.S.C. § 1225(b)(2)(A) in the circumstances presented is not entitled to a bond hearing.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A) applied to petitioner because he was a noncitizen seeking admission who had been encountered at or near the border.
2. Whether petitioner was entitled to a bond hearing while detained under 8 U.S.C. § 1225(b)(2)(A).

Disposition

writ_denied