Kumar

Summary

This Report and Recommendation addresses Surender Kumar’s 28 U.S.C. § 2241 challenge to his immigration detention. The magistrate judge concludes that 8 U.S.C. § 1226(a), rather than § 1225(b)(2), governs the detention and recommends immediate release based on statutory and Fifth Amendment due process violations, or alternatively a bond hearing. The recommendation also addresses compliance certification and restrictions on re-detention.