Abdarahmane Dia v. Mary De Anda-Ybarra, et al.

Summary

This Report and Recommendation addresses Abdarahmane Dia’s 28 U.S.C. § 2241 challenge to his detention by U.S. Immigration and Customs Enforcement. The magistrate judge recommends granting the petition in part, concluding that 8 U.S.C. § 1226(a), rather than § 1225(b)(2)(A), governs the detention of a noncitizen who had entered and resided in the United States before apprehension, and recommending that Respondents provide a bond hearing within seven days or release him. The recommendation also concludes that administrative exhaustion would be futile.

Holdings

1. Exhaustion of administrative remedies was futile under the circumstances, so Dia was not required to obtain a bond redetermination hearing before seeking § 2241 relief.
2. Section 1226(a), rather than the mandatory-detention provision in § 1225(b)(2)(A), governed the detention of a noncitizen who had entered the United States and was residing there when apprehended, even if he had entered without inspection.
3. The court should decline to reach the merits of the Fifth Amendment due-process claim because the recommended statutory relief—a prompt bond hearing under § 1226(a)—adequately addressed the relief sought.

Questions Presented

1. Whether exhaustion of administrative remedies should be excused as futile.
2. Whether Dia's detention was governed by the mandatory-detention provision in 8 U.S.C. § 1225(b)(2)(A) or by 8 U.S.C. § 1226(a).
3. Whether Dia's detention without a bond hearing violated the Fifth Amendment Due Process Clause.

Disposition

other