Jose Puentes-Puentes v. Scarlet Grant, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation and granted Jose Puentes-Puentes’s habeas petition in part. The court held that 8 U.S.C. § 1226(a), rather than § 1225(b)(2)(A), governs his immigration detention and ordered Respondents to provide a prompt bond hearing or release him, with compliance certified within five business days.

Holdings

1. The petition sufficiently raised an INA claim under § 1226(a) because it repeatedly identified § 1226(a), explained why that provision applied, sought a bond hearing under it, and alleged that Respondents violated Petitioner's statutory rights by denying such a hearing.
2. Section 1226(a) governed Petitioner's detention; the court concluded that Petitioner was not seeking admission within the meaning relevant to § 1225(b)(2)(A).
3. Because § 1226(a) governed Petitioner's detention and he had not received a bond hearing, he was entitled to a prompt bond hearing, and Respondents' failure to provide one violated § 1226(a) of the INA.

Questions Presented

1. Whether the petition sufficiently raised a distinct claim under 8 U.S.C. § 1226(a), rather than seeking relief only under a separate declaratory judgment.
2. Whether 8 U.S.C. § 1226(a), rather than 8 U.S.C. § 1225(b)(2)(A), governed Petitioner's detention.
3. Whether Petitioner was entitled to a bond hearing because he had been detained under § 1226(a) without receiving one.

Disposition

other