Luis Anibal Castillo Chacon v. Philip Rhoney, et al.

Summary

The United States District Court for the Western District of New York granted Luis Anibal Castillo Chacon’s habeas petition to the extent it sought a bond hearing concerning his civil immigration detention. The Court ordered an immigration judge to conduct a hearing under specified standards, including the government’s burden to prove dangerousness or flight risk by clear and convincing evidence and consideration of alternatives to detention and the petitioner’s ability to pay.

Holdings

1. Noncitizens who are present in the United States without having been admitted or paroled are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), but instead are subject to detention under 8 U.S.C. § 1226.
2. Petitioner is entitled to a bond hearing before an immigration judge.
3. At the bond hearing, the government must demonstrate dangerousness or flight risk by clear and convincing evidence.
4. The immigration judge must consider whether less-restrictive alternatives can reasonably address the government's interests, and, if bond is set, must consider Petitioner's ability to pay and alternative conditions of release.

Questions Presented

1. Whether Petitioner was entitled to a bond hearing because his detention was governed by 8 U.S.C. § 1226 rather than the mandatory-detention provision of 8 U.S.C. § 1225(b)(2).
2. What procedures must govern the bond hearing, including the burden of proof, consideration of alternatives to detention, and consideration of Petitioner's ability to pay.

Disposition

writ_granted