Summary
The United States District Court for the Western District of New York grants the government's motion to dismiss a 28 U.S.C. § 2241 habeas petition challenging the detention of a Visa Waiver Program participant. The court holds that the petitioner was detained under 8 U.S.C. § 1231 following issuance of a Final Administrative Removal Order and was not entitled to release, a bond hearing, or a Notice to Appear.
Court
United States District Court for the Western District of New York
Jurisdiction
United States District Court for the Western District of New York
Decision date
June 2, 2026
Docket number
26-cv-512-LJV
Disposition
dismissed
Questions Presented
- Whether Pomaquiza Loja's detention was authorized under 8 U.S.C. § 1231 rather than 8 U.S.C. § 1226(a) or 8 U.S.C. § 1187(c)(2)(E).
- Whether a Visa Waiver Program participant with a final administrative removal order is entitled to release or a bond hearing while the statutory removal period remains open.
- Whether the absence of a Notice to Appear rendered Pomaquiza Loja's arrest and detention unlawful.
- Whether the § 2241 petition stated a viable claim under Federal Rule of Civil Procedure 12(b)(6).
Holdings
- Because a Final Administrative Removal Order was issued on the same day Pomaquiza Loja was arrested, his detention was governed by 8 U.S.C. § 1231 rather than § 1226(a).
- Pomaquiza Loja was not entitled to release or a bond hearing because the statutory removal period had not expired and § 1231(a)(2)(A) requires detention during that period.
- A Visa Waiver Program participant who waived removal proceedings was not entitled to a Notice to Appear, and the government's failure to issue one did not invalidate the arrest or detention.
- The Visa Waiver Program provision in 8 U.S.C. § 1187(c)(2)(E) does not itself provide the basis for detention, but the government's reliance on § 1231 supplied a valid basis for Pomaquiza Loja's detention.
Court Document
Open PDFLoading document…