Uriel Mendoza Araiza v. Laura Hermosillo, Seattle Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement (Acting), et al.

Summary

The United States District Court for the Western District of Washington granted Uriel Mendoza Araiza’s petition for a writ of habeas corpus challenging his immigration detention. The court treated him as a member of the Bond Denial Class identified in Rodriguez Vazquez v. Bostock and concluded that he was detained under 8 U.S.C. § 1226(a), rather than subject to mandatory detention under §§ 1225(b)(2) or 1226(c). The court ordered his release unless respondents conducted a bond hearing under § 1226(a) within seven days.

Holdings

1. Because Respondents agreed that Petitioner was a member of the Rodriguez Vazquez Bond Denial Class, the court treated Respondents as having conceded that the Laken Riley Act did not apply to Petitioner or his 2006 conviction.
2. Petitioner was detained under 8 U.S.C. § 1226(a) and was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2).

Questions Presented

1. Whether the Laken Riley Act applies retroactively to Petitioner's 2006 shoplifting conviction.
2. Whether Petitioner is a member of the Bond Denial Class defined in Rodriguez Vazquez v. Bostock.
3. Whether Petitioner is detained in violation of the Immigration and Nationality Act and is entitled to a bond redetermination hearing under 8 U.S.C. § 1226(a).

Disposition

granted