Stalin Junior Fermin Javier v. Philip Rhoney, et al.

Summary

The United States District Court for the Western District of New York denies the respondents’ motion to dismiss and grants Stalin Junior Fermin Javier’s 28 U.S.C. § 2241 petition to the extent it seeks a second bond hearing. Applying the Mathews v. Eldridge balancing test and Second Circuit precedent, the court requires an immigration judge to conduct a hearing at which the government must prove dangerousness or flight risk by clear and convincing evidence.

Holdings

1. Applying the Mathews v. Eldridge balancing test, procedural due process required petitioner to receive a second bond hearing because his nearly nine months of civil detention, the risk of erroneous continued detention, and the limited administrative burden of requiring the government to justify detention together outweighed the government's interests.
2. At the second bond hearing, the government must prove by clear and convincing evidence that petitioner presents a danger or flight risk warranting detention.
3. To continue petitioner's detention after the bond hearing, the immigration judge must find by clear and convincing evidence that no condition or combination of conditions can reasonably ensure petitioner's appearance and community safety, based on an identified and articulable flight or safety risk.

Questions Presented

1. Whether continued detention under 8 U.S.C. § 1226(a), after an initial bond denial and nearly nine months of detention, violated procedural due process.
2. Whether petitioner was entitled to a second bond hearing at which the government would bear the burden of proving dangerousness or flight risk by clear and convincing evidence.
3. What procedural requirements should govern the second bond hearing and any continued detention.

Disposition

writ_granted