Nicolas Palma Moya v. Philip Rhoney, et al.

Summary

The United States District Court for the Western District of New York granted Nicolas Palma Moya’s 28 U.S.C. § 2241 petition to the extent he sought a bond hearing while detained in ICE custody. The court ordered an immigration-judge hearing and required the government to prove dangerousness or flight risk by clear and convincing evidence, with consideration of less-restrictive alternatives and the petitioner’s ability to pay. The court also substituted Philip Rhoney for Joseph Freden as respondent and ordered a status update.

Holdings

1. Petitioner was entitled to a bond hearing under the due process balancing framework of Mathews v. Eldridge.
2. To continue Petitioner's detention after the bond hearing, the government must establish by clear and convincing evidence that Petitioner presents an identified and articulable risk of flight or a threat to another person or the community, and that no condition or combination of conditions of release can reasonably ensure his appearance and community safety.

Questions Presented

1. Whether Petitioner was entitled to a bond hearing as a matter of constitutional due process while detained pending removal proceedings.
2. What procedural protections and burden of proof must govern any bond hearing addressing Petitioner's continued detention.

Disposition

writ_granted