Pedro Araujo Dos Santos v. Philip Rhoney

Summary

The United States District Court for the Western District of New York grants an immigration detainee's amended 28 U.S.C. § 2241 petition to the extent he seeks a bond hearing. The Court directs that the hearing occur by February 9, 2026, requires the government to prove dangerousness or flight risk by clear and convincing evidence, and directs Respondents to file a status update.

Holdings

1. Noncitizens 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) on the circumstances identified by the court; instead, their detention is governed by 8 U.S.C. § 1226. The court also applied the rule that detention following the expiration of parole and an independent re-arrest arises under § 1226 rather than § 1225(b)(2).
2. Petitioner was entitled to a bond hearing before an immigration judge, and the amended habeas petition was granted to that extent.
3. The government must demonstrate dangerousness or flight risk by clear and convincing evidence. The immigration judge must consider whether less-restrictive alternatives can reasonably address the government's interests, and continued detention requires a finding that no condition or combination of conditions can reasonably ensure Petitioner's appearance and community safety.

Questions Presented

1. Whether Petitioner's detention pending removal proceedings arose under 8 U.S.C. § 1225(b)(2) or § 1226.
2. Whether Petitioner was entitled to a bond hearing under the Due Process Clause.
3. Whether the government must prove dangerousness or flight risk by clear and convincing evidence at the bond hearing.

Disposition

other