Javier Diaz Colin v. Russell Holt, et al.

Summary

The United States District Court for the Western District of Oklahoma reviewed objections to a magistrate judge’s report and recommendation in Javier Diaz Colin’s 28 U.S.C. § 2241 habeas petition challenging his immigration detention. The court held that 8 U.S.C. § 1252(g) did not bar jurisdiction and that 8 U.S.C. § 1226(a), rather than § 1225(b)(2)(A), governed the petitioner’s detention. The court adopted the report and recommendation and ordered respondents to provide a prompt bond hearing or release the petitioner, while declining to reach the due process claim.

Holdings

1. Section 1252(g) does not bar the district court from considering a habeas petition challenging the statutory basis for immigration detention and the denial of a bond hearing when the petitioner is not challenging the commencement or adjudication of removal proceedings or the execution of a removal order.
2. Section 1225(b)(2)(A) did not govern Colin's detention because, although he could be deemed an applicant for admission under § 1225(a)(1), he was not seeking admission within the meaning of § 1225(b)(2)(A).
3. Section 1226(a) governed Colin's detention, and he was entitled to a prompt individualized bond hearing or release.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) barred the district court from considering Colin's challenge to his immigration detention and entitlement to a bond hearing.
2. Whether 8 U.S.C. § 1225(b)(2)(A), which provides for mandatory detention of certain applicants for admission, governed the detention of a noncitizen who had lived in the United States for decades and was not apprehended at a port of entry or border.
3. Whether Colin was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

other